Legal consequences of the decision
An applicant with regard to whom entitlement to asylum was unappealably recognised receives from the immigration authority a residence permit which as a rule is time-limited to three years. If it is ascertained that he/she qualifies as a refugee, a residence permit is also issued, which as a rule is limited to three years.
Extension of residence permit
An (unlimited) settlement permit may be issued after three years. For this to happen, the Federal Office has to state to the immigration authority that there are no reasons for revocation or withdrawal. It is therefore examined after three years whether the preconditions for recognition are still met. Revocation of the positive decision may also subsequently take place if the prerequisites for recognition have ceased to apply. The decision on this is taken at the discretion of the Federal Office.
If a ban on deportation has been unchallengeably handed down, deportation to the state in question may not take place. An foreigner with regard to whom a ban on deportation applies is as a rule given a residence permit of at least one year.
Cases in which no residence permit is issued
A residence permit cannot be issued if subsidiary protection has been granted under European law, but the foreigner poses a danger to the public or to the security of Germany. If national subsidiary protection applies, a residence permit is not issued if grounds for exclusion in accordance with sec. 25, subs. 3 sentence 2 of the Residence Act (AufenthG) apply. This includes, for instance, that it is possible and reasonable to leave and go to another state; the reasons for exclusion also include crimes against peace, war crimes or acts that are contrary to the goals and principles of the UN.
In the event that the asylum applicant is not recognised as entitled to asylum or as a refugee, he/she is not granted subsidiary protection and does not have a residence title, the Federal Office issues a request to leave the country and a notification announcing deportation. If the asylum application is rejected as (simply) unfounded, the asylum applicant is set a deadline of one month to leave. In case of a rejection as “manifestly unfounded”, the deadline for leaving the country is, by contrast, only one week. The execution of the notification announcing deportation is no longer in the competence of the Federal Office, but lies with the Federal Länder. The latter as a rule act through their immigration authorities.
