Special procedures
Persons entering via safe third states are not recognised as being entitled to asylum. In the "airport procedure", asylum decisions are taken whilst the foreigner is in the airport complex.
Safe third states
Asylum applicants who enter via a safe third state are not recognised as being entitled to asylum. The Federal Office orders their deportation: They are removed to the state via which they entered the country. This removal may also take place if an appeal is lodged. Safe third states are considered to be the EU Member States, as well as Norway and Switzerland. The Dublin II Regulation applies to these states, and contains provisions concerning which state is responsible for implementing asylum proceedings. The third-state arrangement does not apply if a state is responsible in accordance with the Regulation.
If the safe third state cannot be ascertained because the asylum applicant refuses to provide this information and does not hand over the appropriate documents, the asylum procedure is continued. Recognition as being entitled to asylum is however ruled out in such cases. In the event of persecution being threatened in the state of origin, refugee protection may however be granted.
Special arrangement "airport procedure"
There is a special arrangement for some asylum applicants who enter by air. If they have no identity papers, or if these are false, or if they enter via a safe country of origin – for instance an EU Member State, from Ghana or Senegal –, the "airport procedure" applies to them: The asylum procedure is carried out directly whilst the foreigner is in the airport transit area. This takes place before the Federal Police decides on whether they may enter the country.
If the Federal Office does not reject the asylum application as manifestly unfounded within two days, entry is refused. The asylum applicant may however be represented by a lawyer free of charge as to whether appeals might have prospects for success. An application for temporary legal protection must be filed with an administrative court within three days.
"Airport procedure" only at certain airports
If the court approves the emergency application or has not ruled on it within 14 days, the asylum applicant may enter the country. This means that the airport procedure is subject to a deadline of 19 days. The asylum applicant must remain in the airport transit area until the court has ruled on the emergency procedure. If the court’s decision is negative, he/she is directly deported once again.
The airport procedure is only implemented at airports at which asylum applicants can be accommodated on the airport complex. This is possible at Berlin-Schönefeld, Düsseldorf, Frankfurt/Main, Hamburg and Munich airports.
