BAMF - Bundesamt für Migration und Flüchtlinge - The decision of the Federal Office

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The decision of the Federal Office

The Federal Office decides on the asylum application on the basis of the personal interview and of a detailed examination of documents and items of evidence. The decision rests on the fate of the individual applicant as a matter of principle. It is reasoned in writing, and where appropriate is served on the person concerned, the applicant or the legal representative, as well as on the competent immigration authorities, with a notice on appeals and a translation of the operative part of the decision.

Examination

It may be necessary for further investigations to be carried out in order to clarify the circumstances prior to taking the decision. In order to do so, it is possible to access the Federal Office’s Asylum and Migration Information Centre and its "MILo" database system. The system provides information and analyses on world refugee and migration events, as well as on countries of origin and transit countries. Research can be carried out over and above this for instance by making individual enquiries to the Federal Foreign Office, carrying out language and text analyses (see Identity checks), physical and technical document examination, as well as obtaining medical or other reports. Guidelines for the most important countries of origin provide assistance in decision-making.

Possibilities for decision-making

The Federal Office examines each asylum application on the basis of the German Asylum Act (Asylgesetz) as to whether one of the forms of protection – entitlement to asylum, refugee protection, subsidiary protection or a ban on deportation – applies. If an entitlement to protection exists, applicants receive a positive notice (see Forms of protection).

Only when none of the forms of protection can be considered is the asylum application rejected. A distinction is made here between a simple rejection and a rejection as "manifestly unfounded" (see Termination of residence).

An asylum application is declared to be inadmissible if another Member State is responsible for it (see Examining the Dublin procedure).

Asylum proceedings can also be discontinued. This takes place if

  • the asylum application is withdrawn, or
  • the person in question does not pursue the proceedings, meaning that they do not appear at the personal interview, their whereabouts are unknown or they have travelled to their country of origin during the asylum proceedings.

Once the asylum proceedings have been finally completed, a renewed asylum application may be filed. This "follow-up" application claims that there has been a change to the factual or legal situation once the non-appealable decision has been handed down (see Initial, Second and Follow-up applications).

Hervorhebung_Gesetzgebung: The legal basis

Possibilities for decision-making

  1. award of refugee status in accordance with the Geneva Refugee Convention (section 3 subs. 1 of the Asylum Act)
  2. acknowledgement of entitlement to asylum (Art. 16a para. 1 of the Basic Law)
  3. award of subsidiary protection (section 4 subs. 1 of the Asylum Act)
  4. imposition of a ban on deportation (section 60 subs. 5 or 7 of the Residence Act)
  5. rejection of the asylum application as unfounded if it cannot be recognised under items 1-4
  6. rejection of the asylum application as manifestly unfounded (sections 29a and 30 of the Asylum Act)
  7. rejection on grounds of the inadmissibility of the asylum application because another country is responsible for it (section 27a of the Asylum Act)
  8. rejection of the asylum application because of immateriality because protection has obviously been granted in another third country or because of the possibility of finding protection there (section 29 subs. 1 of the Asylum Act)
  9. discontinuation of the asylum proceedings subsequent to the withdrawal of the application (section 32 of the Asylum Act)
  10. failure to pursue the asylum proceedings (section 33 of the Asylum Act)
  11. rejection of the implementation of further asylum proceedings (sections 71 and 71a of the Asylum Act)

Asylum Act
Residence Act
Art. 16a para. 1 of the Basic Law

Date 1 October 2016