Uniform ruling practice and expanded protection against deportation
Immigration Act brings some reforms for asylum-seekers
The Immigration Act, which came into force in January 2005, fundamentally reformed the German law on asylum. Some central new aspects came into being for asylum-seekers, as well as for the Federal Office itself.
As the competent authority, the Federal Office took on even greater responsibility in implementing asylum proceedings: It now uses internal management tools to ensure that uniform decisions are taken in asylum proceedings in all branch offices. This was regulated differently before the Immigration Act entered into force: The individual decision-makers at the Federal Office worked independently of instructions. In order to ensure uniform ruling and decision-making practice on the part of the Federal Office and of the courts, there was the Federal Commissioner for Asylum-Related Matters, whose office was abolished by the new Act.
The Immigration Act also brought about major changes for asylum-seekers.
Expanded protection against deportation
According to the law, political prosecution may now also emanate from non-governmental players, which means protection against deportation for those concerned. It is not relevant from now on whether the persecution can be attributed to the state of origin itself or instead of this to state-like players such as political parties or organisations. There is however one restriction: Protection against deportation is contingent on the state, state-like players or international organisations being proveably unable or unwilling to offer protection to the asylum applicant against the persecution which is threatened nationwide.
Gender as a reason for persecution
If asylum applicants are persecuted in their country of origin solely on the basis of their gender, this may now explicitly also be taken into consideration under the category of "persecution because of affiliation to a social group".
Time-limited residence permit
Those entitled to asylum previously received an unlimited residence permit as a matter of principle. Refugees who had a right to protection against deportation received a temporary residence title granted for exceptional purposes. Both groups now receive first of all a limited residence permit. After three years, there is then a right to an unlimited settlement permit. The Federal Office must however certify that the preconditions for recognition continue to apply.
New aspects introduced by the Asylum Procedure Act (Asylverfahrensgesetz)
Family unit: If at the time of the asylum application unmarried children of the foreigner aged under 16 are in Germany who do not have a residence title and have not previously filed an asylum application, an asylum application is deemed to have been filed for them.
Reference to follow-up proceedings in case of a breach of obligations to participate: Asylum-seekers are passed on to the reception facility which is responsible for them. If the asylum-seeker fails intentionally or by gross negligence to comply with his/her obligation to go to that facility, his/her late asylum application is regarded as a follow-up application. The follow-up procedure may only be carried out under certain prerequisites.
- Family deportation protection: Spouses and children of an asylum applicant to whom deportation protection applies also enjoy deportation protection under certain conditions.
