Asylum seekers

from Wikipedia, the free encyclopedia

As asylum seekers or asylum seekers in Austria asylum seekers , people are referred to as the in another State of origin of asylum seek and apply, including recording and protection against political, religious or other persecution.

The term asylum seeker, which has been used in German-speaking countries since the 1970s, has derogatory connotations . Linguists see this as an expression of xenophobia .

The law distinguishes asylum seekers from refugees (people who are forced to flee) and migrants (people who leave their country of their own accord). As soon as a person has filed an asylum application in another state that has not yet been decided, they are legally considered as an asylum seeker.

The state in which an asylum seeker is seeking admission checks in an asylum procedure whether they are entitled to asylum , whether they are granted protection status and, if so, which. Persons who have been recognized as politically persecuted are entitled to asylum . Asylum seekers who have been recognized as refugees under the Geneva Convention or who are entitled to subsidiary protection can also receive a right of residence.

Designations

The word asylum seeker is morphologically derived from asylum , but not solely from that. Because it served as an imprecise collective term for migrants, without distinguishing between applicants who are in the asylum procedure, those entitled to asylum or rejected, tolerated or deported asylum seekers. The word contained this systematic fuzziness from the start. According to the discourse theorist Jürgen Link , it belongs to a group of nouns in which the final syllable -ant has a pejorative , pejorative meaning for “bad characters”. According to the sociologist Ute Gerhard , the word serves to exclude groups of people. The communication scientist Georg Ruhrmann found in an empirical comparative study that it is often associated with flood metaphors such as the flood of asylum seekers and defamations such as asylum fraudsters and asylum swindlers . It suggests associations with similar negative nouns such as Bummelant , Querulant and Simulant . In contrast, others referred to individual examples where the word was used synonymously with asylum seekers . They also notice the frequent negative connotation, but locate it in the context rather than in the word itself.

In the Federal Republic of Germany , the asylum seeker neologism has been common in the media and state authorities since around 1970. The right-wing extremist weekly Deutsche Nachrichten, for example, titled an article in 1971 with an increase in the flood of asylum seekers . According to Jürgen Link, asylum seekers replaced the terms refugee and persecuted person in immigration authorities since 1973 and then also in the media . The expression acted as a “discursive crowbar” to attribute negative social behavior to asylum seekers and to discuss foreigner issues in a nationalist and racist framework. The newly created word has accompanied and encouraged the spread of xenophobia. Other linguists and media scholars confirmed this thesis.

Since around 1978, asylum seekers have also established themselves in political debates. Members of the Bundestag used the expression for asylum seekers to be distributed nationwide. Media reports referred to migrants accommodated in collective accommodation or newly arriving migrants in this way, for example in the stereotypical combination of influx of asylum seekers . This was associated with negative connotations of a lack of asylum claim and right of residence as well as certain stereotypical behaviors. This was criticized for the first time in 1980: "Some linguistic culprit turned the asylum seekers in the Federal Republic of Germany into 'asylum seekers' and thus deported them mentally." Nevertheless, the word asylum seeker remained popular in the German media.

In 1980, the Society for German Language Asylant chose second place in its semantic ranking of Word of the Year in Germany. In the same year the word appeared for the first time in the Duden , defined as "applicant for asylum law". Thus the historical circumstances the memory resigned this neologism which, according to the migration researcher Klaus Jürgen bathing originally as a battle cry arose for the delegitimization of asylum claims. Some non-governmental organizations for refugee protection have also been using the term since then. With the word sham asylum seeker was denunciatory meaning of the word asylum seeker doubled.

In the following years was Asylant often with words like economic asylee or sham asylum seeker combined and in terms of economic refugees understood. It was part of an associative word field to the xenophobic expressions as refugees flood , abuse of asylum , asylum fraudsters , refugees and racist expressions such as mixing , Durchrassung belonged and others. In the context of political debates about the federal German asylum law and immigration policy , these expressions were also heavily criticized by scholars, especially in 1986 and 1991–1993: They fueled rejection and exclusion of the so-called groups of people and are therefore jointly responsible for acts of violence against them.

In the fall of 1991, the Bild newspaper advertised two of its series of articles ( Die Asylanten - Report on a German problem and asylum seekers in the area ) on large billboards. The articles often repeated the phrase in negative contexts. Media that are regarded as serious, such as the Frankfurter Allgemeine Zeitung ( dams against the asylum seekers' spring flood , May 28, 1980), the magazine Der Spiegel and others contributed to the spread of the expression and its negative connotations. Ute Gerhard analyzed an abundance of such media reports from the early 1990s and highlighted the strong similarity of their choice of words with those of the National-Zeitung ( asylum-seekers flood in Germany ) and other right-wing extremist media. She judged this resemblance to be an expression of center extremism . Because of the series of racist murders in the early 1990s and also because of linguistic criticism, the term was receded in the German media from 1993 and was still used statistically on average in around two (after previously ten) articles in one medium per year.

According to a study published in 2014 by the Berlin Humboldt University, more neutral expressions (“people with a migration background”) have not changed the negative attitudes of many Germans towards “asylum seekers” and the racist connotation of these and related expressions. According to linguist Martin Wengeler, they are further combined with images of language that associate chaos and threats, such as water metaphors (flood, current, wave, boat), military metaphors (rush, defense, aggravated border situation, route of incursion) or metaphors of goods ("import") and "export" of labor). Words such as “poverty refugees” were added as a means of excluding migrants. “Refugee” without an addition is used in a less discriminatory way than before. In the 1980s, conservative parties had also used words such as “asylum abuse”, “bogus asylum seekers” or “economic asylum seekers” on election posters. “Asylum seeker” has become a swear word through frequent derogatory use. Today these words are used more on the right to right-wing extremists. However, the argumentation patterns against the admission of refugees hardly differed between conservatives and right-wing populists.

Basis for Claims

The term refugee is derived from the wording of Article 1 of the Geneva Refugee Convention of July 28, 1951 (SR 0.142.30). According to this, a refugee is any person who, out of a well-founded fear of persecution because of their race, religion, nationality, membership of a certain social group or because of their political convictions, is outside the country of which they are citizens, and who is not protected by this country can avail himself or does not want to avail himself because of these fears; or who, as a stateless person, is outside their country of residence as a result of such events and cannot return there or does not want to return because of the fears mentioned.

The Universal Declaration of Human Rights , which was adopted by the General Assembly of the United Nations in 1948, can also be used as a basis for protecting refugees and dealing with asylum seekers. It is considered a universal document that defines the fundamental rights and freedoms of people. These include protection from torture, corporal punishment and degrading treatment, freedom of travel and the right to a fair trial by an independent court.

The requirements for the right to refugee protection are detailed in the Council Directive 2004/83 / EC of April 29, 2004 on minimum standards for the recognition and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection, and about the content of the protection to be granted , often referred to as the “ qualification guideline ” for short . It also regulates the social and other rights derived from the legal status as a refugee or person with “subsidiary protection”, e.g. B. the rights of the family members of refugees. The directive applies in most countries of the European Union , with the exception of Denmark , Great Britain and Ireland , but had to be implemented through national legislation. A new version of the Qualification Directive with some modifications ( Directive 2011/95 / EU of the European Parliament and of the Council of December 13, 2011 on standards for the recognition of third-country nationals or stateless persons as persons entitled to international protection, for a uniform status for refugees or for Persons with the right to subsidiary protection and for the content of the protection to be granted ) has already entered into force, but still needs to be nationally implemented by December 21, 2013 at the latest.

Germany

Countries of origin of asylum seekers in Germany in 2015 (total protection rate in brackets)

Politically persecuted persons are granted asylum in accordance with Article 16a of the Basic Law , unless they are entering from the EU or another so-called safe third country or unless another country in the EU is responsible for them based on the Dublin Regulation . Asylum seekers who enter Germany across the land borders will be refused entry to the respective safe third countries in accordance with the third country regulation without checking the content of their asylum application (all countries bordering on Germany are considered safe third countries). The asylum procedure in Germany only takes place if no third country declares its willingness to take back the person concerned or the specific transit country cannot be determined.

The asylum procedure is regulated in the Asylum Act (AsylG) and until around 2007 was heavily influenced by the national basic right to asylum under Article 16a of the Basic Law, the requirements of which are more stringent than the requirements for recognized refugees under the Geneva Refugee Convention (GFK). The right to asylum is generally only granted after suffering state persecution in the home country; this is generally not a prerequisite for fulfilling refugee status. Only since 2007, following the implementation of the Qualification Directive, has a new status been added to the right to asylum , namely the granting of refugee status , Section 3 Paragraphs 1 and 4 of the Asylum Act  i. V. with ( Section 60 (1) Residence Act ). It may be granted in addition to the right to asylum according to Art. 16 a GG, or even without the right to asylum. (See also: Refugee statusDifferences between the right to asylum and refugee status )

If the right to asylum is not recognized or refugee status is granted, subsidiary protection may be considered. This is the case if the applicant is threatened with serious damage in accordance with Section 4 (1) AsylG. Furthermore, there may be a ban on deportation in accordance with Section 60 (5) and (7) of the Residence Act for the applicant.

The Federal Office for Migration and Refugees is responsible for examining the reasons for persecution , with its headquarters in Nuremberg and numerous branch offices in all federal states. The asylum seeker must present the reasons for persecution comprehensively and credibly at the hearing. Decision-makers at the Federal Office who have been subject to instructions from the Federal Ministry of the Interior since 2005 then decide on the actual and legal assessment of asylum applications. During their asylum procedure, which can take a few weeks but also several years, applicants are initially accommodated in initial reception facilities according to Section 47 AsylG, later mainly in communal accommodation according to Section 53 AsylG and usually have to stay in the assigned district or at least the federal state ( residence requirement ).

The Asylum Seekers Benefits Act (AsylbLG) has regulated social benefits for asylum seekers since 1993. In the first three months of their stay (before November 6, 2014: in the first 9 months of their stay; before September 6, 2013: in the first 12 months of their stay) asylum seekers are strictly prohibited from working . Even after that, employment is only permitted in exceptional cases. The amount of benefits under the AsylbLG, which has remained unchanged since 1993, was around 40 percent below the standard rate under SGB ​​II ( unemployment benefit II ), which the Federal Constitutional Court declared unconstitutional on July 18, 2012, mandated the legislature to raise it to the subsistence level and temporarily itself Defined benefit rates.

Persons entitled to asylum according to Art. 16a GG receive a residence permit according to § 25 Abs. 1 AufenthG, recognized refugees according to § 3 Abs. 1 AsylG receive a residence permit according to § 25 Abs. 2 Alt. 1 Residence Act. Foreigners who are granted subsidiary protection ( Section 4 (1) AsylG) receive a residence permit in accordance with Section 25 (2) old. 2 Residence Act. If deportation bans according to Section 60 (5) and (7) of the Residence Act are determined, the persons generally receive a residence permit in accordance with Section 25 (3) .The latter often only received a tolerance until the Immigration Act came into force on January 1, 2005 .

Austria

In Austria, the Asylum Act regulates the procedure for asylum seekers; it is the responsibility of the Interior Ministry .

An asylum procedure begins with the personal submission of the application for international protection to a federal initial reception center (Traiskirchen, Schwechat Airport or St. Georgen am Attergau). There the asylum seekers are medically examined and accommodated. Then the first questioning is carried out by the organs of the public security service with the help of an interpreter in order to establish the identity and determine the escape route. There can also be a further hearing, after which the authority is authorized to decide whether the content of the application (reasons for flight) must be examined by Austria or based on the jurisdiction of another state in accordance with of the Dublin III Regulation or a subsequent application (e.g. 2nd, 3rd asylum application) must be rejected.

After admission to the procedure in Austria, the actual content-related procedure begins before the Federal Office for Immigration and Asylum . Once the asylum application has been submitted, the asylum seekers receive what is known as the basic care , which is granted as long as the procedure is ongoing, which can mean a period of up to several years. The state basic service laws regulate the details and the duration of the basic service. Asylum seekers in the Austrian institutions receive basic benefits such as food, clothing and pocket money of 40 euros per month. You are also covered by health insurance and compulsory schooling applies to children.

In Austria, persons entitled to subsidiary protection are those whose asylum application has been rejected, but who have a temporary residence permit due to danger to life or dignity. They are also placed under basic care.

Switzerland

In Switzerland, the right of asylum is regulated in the Asylum Act (AsylG) of June 26, 1998 SR 142.31 (as of January 1, 2008). The Federal Office for Migration is responsible for the asylum procedure .

Asylum seekers have their asylum application to Art. 19 submit Asylum Act in border control in a Swiss airport, on entry at an open border crossing or at a reception center and are allowed to stay during the asylum procedure in Switzerland and in an approved work assigned Canton pursue (According to Art. 43 AsylG, starting work is only possible after a 3-month stay). If the Federal Office for Migration rejects the respective asylum application or does not materially accept it, a complaint to the Federal Administrative Court is possible. The deadline for a complaint is 30 days for substantive decisions and 5 working days for decisions that are not made. The duration of the asylum procedure has been significantly shortened or restricted in the last two years through various measures at both levels.

Since March 2019, accelerated procedures have been taking place in federal centers on the basis of the revised Asylum Act . Asylum seekers receive free advice and legal representation. Anyone who has received a right of residence or has reached a maximum stay of 140 days in a BAZ is assigned to a canton.

United States

The United States , unlike the European Union, makes a strict distinction between asylum seekers and refugees. The asylum law is based on decree 208 of the INA . Between 2010 and 2014, around 10,000 people were granted asylum each year.

Asylum seekers are people who have already applied for asylum on US territory or at the border. Since 2014, such applications can be rejected by a representative of the immigration authorities after questioning the applicants and deportation can also be carried out without a court hearing. If the applicants come from a safe third country such as Canada, they will be sent back. Asylum seekers can be detained in the US for weeks or months pending a decision on their applications. Should they be released during their trial, they will not have the right to work and will not receive any financial support from the state. Recognized asylum seekers are allowed to work, can voluntarily apply for a permanent residence permit and apply for citizenship after five years at the earliest.

In July 2019, the Trump administration announced a change to the asylum law, according to which from July 15, 2019 onwards, only people can apply for asylum who cannot reach the USA from a transit country. Shortly before, the attempt to reduce the migration pressure on the US southern border through so-called safe third country regulations with countries south of the USA had failed . The new rule would apply to virtually anyone who is not a Mexican citizen. The move was drafted in the form of a rule change for the U.S. Border Police by the U.S. Department of Justice and Homeland Security and has been in effect since mid-September 2019 with the approval of the Supreme Court while the litigation continues.

Canada

Canada , like the United States, distinguishes between asylum seekers and refugees. Asylum seekers can apply for asylum at the Canadian border or with authorities within the country. Applications from applicants from safe third countries, such as those of the European Union, are usually rejected. People who enter Canadian territory illegally, including migrants and asylum seekers, have been able to be detained since 2012 until the legality of their application has been clarified, for example until their identity has been clarified. The number of people seeking asylum on Canadian soil ranged between around 25,000 (2011) and 16,000 (2014).

statistics

EU

Asylum seekers in the individual countries of Western and Central Europe in 2012 and 2015 Asylum seekers in the individual countries of Western and Central Europe in 2012 and 2015
Asylum seekers in the individual countries of Western and Central Europe in 2012 and 2015

The number of asylum applications received in the EU averaged 65,000 per month between July 2014 and April 2015. For 2014 as a whole, Eurostat's statistics show 626,710, almost 45% more than in 2013 (432,055), which is mainly due to the civil war in Syria and the conflicts in Afghanistan and Iraq . However, Eurostat's figures do not measure the number of asylum seekers, but the number of applications; Many asylum seekers are recorded twice or more than once: for example, those affected by the Dublin procedure should be expressly registered twice as asylum seekers in the 2013 guidelines: both in the Member State from which they are deported and in the Country to which they are deported. In addition, contrary to the registration guideline, follow-up applications from individual member states such as Austria are not identified as such and therefore the asylum seeker is recorded twice. The fraudulent renewed application under a new identity is also counted twice. The actual number of asylum seekers in the EU is estimated to be 25% -30% lower.

According to Regulation (EU) No. 604/2013 (Dublin III) , asylum applications must be submitted in the country of the European Union that the refugees reached first. Since most boat refugees from African countries want to come to Europe via the Mediterranean, these are often Italy and Greece . In June 2015 there were 76,000 refugees in reception centers in Italy, which were completely overloaded. The EU Commission therefore wanted to distribute 24,000 asylum seekers from Italy and 16,000 more from Greece to other EU countries, but this was rejected by the member states. They feared that the Commission's proposals could permanently undermine the Dublin rules. The Austrian Interior Minister Mikl-Leitner , however, supported the proposal.

In a comparison among industrialized nations (2010–2014), according to UNHCR, the share of asylum seekers per 1000 inhabitants was highest in Sweden (24.4), Malta (17.5) and Luxembourg (12.6), while Austria with 10.4 8th place was. In absolute numbers, Germany came out on top in 2014, followed by the USA, Turkey and Sweden. However, if you look at the total number of refugees worldwide according to UNHCR or UNRWA (19.5 million in 2014), 86% were taken in by a " developing country ". Only 1.66 million of them made an official application for asylum. Since the end of 2014, almost a quarter of the world's refugees have come from Syria, 95% of them are in the immediate neighboring countries.

Number of asylum applications in the EU as a whole (black and white graph) and in nine EU countries from 2008 to 2017.
Number of initial asylum applications (Eurostat as of March 20, 2018)
year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
European Union 225,150 263,835 259,400 309.040 335.290 431.090 626.960 1,322,825 1,259,955 649.855
Germany 26,845 32,910 48,475 53,235 77,485 126,705 202,645 476.510 745.155 198,255
France 41,840 47,620 52,725 57,330 61,440 66,265 64,310 76.165 84,270 91.070
Great Britain 31,290 31,665 24,335 26,915 28,800 30,585 32,785 40.160 38,785 33,310
Italy 30,140 17,640 10,000 40,315 17,335 26,620 64,625 83,540 122,960 126,550
Greece 19,885 15,925 10,275 9,310 9,575 8,225 9,430 13.205 51.110 57.020
Spain 4,515 3,005 2,740 3,420 2,565 4,485 5,615 14,780 15,755 30,455
Sweden 24,785 24,175 31,850 29,650 43,855 54,270 81,180 162,450 28,790 22,190
Austria 12,715 15,780 11,045 14,420 17,415 17,500 28,035 88.160 42,255 22,160
Switzerland 16,520 15,900 15,425 23,615 28,400 21.305 23,555 39,445 27,140 16,615
EU plus Iceland, Liechtenstein, Switzerland and Norway 256.155 297.175 284.985 341,795 373,550 464.505 662.165 1,393,875 1,291,785 670.885

Germany

Until the mid-1980s, the number of asylum seekers in Germany was comparatively low. In the period from 1985 to its peak in 1992, the number of asylum seekers in Germany rose from around 74,000 in 1985 to around 438,000 in 1992. In the early 1990s, asylum seekers came mainly from the countries of the former Yugoslavia at war . Due to the asylum compromise and the end of the civil war, the numbers fell.

As of December 31, 2009, the German Central Register of Foreigners (AZR) recorded 51,506 persons with an entitlement to asylum. A further 34,460 people were recorded who were granted residence permits as asylum seekers. The number of registered people with refugee protection was 67,585. In addition, as of the reporting date, 24,839 people were recorded with a residence permit who were issued on the basis of certain deportation bans. The main countries of origin are Turkey, Iraq, Afghanistan and Iran.

In 2011 45,571 people asked for asylum in Germany. In 2012 the number rose to 77,540 asylum seekers, of which 12,810 from Serbia , 7,930 from Syria and 7,840 from Afghanistan . In 2013 there were 127,013 asylum applications, in 2014 202,834.

According to an estimate by the Federal Office for Migration and Refugees from the first half of 2015, up to 450,000 asylum applications were expected in Germany in 2015, which would have doubled compared to the previous year. In August 2015, the federal government increased this estimate to 800,000 expected asylum seekers. However, on December 8, 2015, this forecast was exceeded by far, by which time over a million asylum seekers had already been registered. In fact, according to an internal report, a total of up to 1.5 million asylum seekers were expected in 2015, which is mainly due to the difficulty of fully recording all asylum seekers.

In an answer to a request from the parliamentary group Die Linke , the federal government announced that at the end of June 2016 a total of 549,209 rejected asylum seekers remained in Germany, around 400,000 of them for more than six years. The German federal states deported only 13,134 foreigners from January to the end of July 2016.

Austria

From 1956 to 1968 the number of asylum applications was constant at around 4,000 applications per year. In the following years, during the crackdown on the Prague Spring in the CSSR, asylum was granted by decree to all who fled the CSSR to Austria. Of around 162,000 Czechs and Slovaks who came to Austria, however, only around 12,000 sought asylum in Austria.

In 1981 and 1982, after martial law was imposed in Poland, between 120,000 and 150,000 Poles fled to Austria, most of which left Austria again in the following years.

From 1987 to 1991, after the collapse of the communist system in Eastern Europe, there was a steady increase in asylum applications (1987: 11,406, 1991: 17,306). At the same time, the recognition rate fell sharply (1987: 31.0%, 1991: 12.6%).

In 1993, a new asylum law was passed in Austria, which should not legally enable refugees to enter Austria after transit through a safe country to apply for asylum. Even at the border, it was possible to reject it in an express procedure within six days.

According to the UNHCR, nearly 795,000 people fled Kosovo during the Kosovo conflict from March 1998 to May 1999 . The majority of the around 665,000 people fled to neighboring countries. Austria also took in around 5,000 refugees, which in 1999 led to a larger proportion of positive asylum applications.

In the years 2000 and 2001, of 18,284 asylum applications (or 30,127 in 2001), only 5.48% (3.82%) were approved. The number of asylum applications reached its high point in 2002 with 39,354 applications. As a result, the Council of Ministers passed an amendment to the Asylum Act in 2003, which should lead to faster procedures. The amendment also included the asylum seekers' obligation to stay in the initial reception center for up to 20 days and the ban on innovations, in which no new facts may be presented in the second instance. The new law came into force in 2004 during the coalition of the governing parties ÖVP and FPÖ , but was repealed as partially unconstitutional by the Constitutional Court and was later replaced by the current Asylum Act in 2006.

In 2010 the number of asylum seekers in Austria reached its low of 11,012. About 70% (7,768) of them were male and 687 were under 18 years of age. In the same year, a total of 2,977 asylum applications were approved and 13,290 were rejected. This also includes applications from previous years.

Since then, the number of applications has increased again. Between July 2014 and May 2015, the number of asylum applications in Austria averaged 3,600 per month. Of a total of 28,064 refugees who applied for asylum in Austria in 2014, 7,730 were from Syria, 5,076 from Afghanistan, 1,996 from the Russian Federation and 1,903 from Kosovo. In 2014, around 39,000 people received basic services from the state, of which 28,000 were asylum seekers. Up to this year, asylum seekers with an ongoing procedure were spent around 150 million euros per year, around three quarters of the total basic care and around 5% of the budget for social affairs and health.

In mid-2015, experts from the Ministry of the Interior forecast an increase to at least 80,000 this year instead of the initially estimated 40,000. In terms of population, that is far less than in Germany. In the first quarter of 2015, the increase in asylum applications was already 149.7% instead of the expected 43%.

See also

literature

  • Helgo Eberwein, Eva Pfleger: Aliens law for studies and practice . LexisNexis, Vienna 2011, ISBN 978-3-7007-5010-9 .

Web links

Wiktionary: Asylum seekers  - explanations of meanings, word origins, synonyms, translations
Wiktionary: Asylum seeker  - explanations of meanings, word origins , synonyms, translations
Wiktionary: Asylum seeker  - explanations of meanings, word origins, synonyms, translations

Individual evidence

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