Asylum Act (Germany)

from Wikipedia, the free encyclopedia
Basic data
Title: Asylum Act
Previous title: Asylum Procedure Act, Asylum Procedure Act
Abbreviation: AsylG
Type: Federal law
Scope: Federal Republic of Germany             
Legal matter: Administrative law ,  immigration law
References : 26-7
Original version from: July 16, 1982
( Federal Law Gazette I p. 946 )
Entry into force on: August 1, 1982
New announcement from: September 2, 2008
( BGBl. I p. 1798 )
Last revision from: June 26, 1992
( BGBl. I p. 1126 )
Entry into force of the
new version on: 		July 1, 1992
Last change by: Art. 165 Regulation of June 19, 2020
( Federal Law Gazette I p. 1328, 1347 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Asylum Act (AsylG, formerly known as the Asylum Procedure Act [AsylVfG]) regulates the asylum procedure in the Federal Republic of Germany .

Legal history

Originally, the law was designed as a purely procedural law, with which the administrative procedure for obtaining the right to asylum according to Art. 16a GG was regulated. Section 3 of the original version of 1992 also stipulated that a foreigner is a refugee within the meaning of the Agreement on the Legal Status of Refugees if the Federal Office or a court has established beyond dispute that in the state of which he is a national or in which he is a Stateless person had their habitual residence, the dangers described in Section 51 (1) of the Aliens Act threaten. As early as 1990, the refugee characteristics contained in Section 51 of the Aliens Act went beyond the fundamental guarantees of the fundamental right of asylum.

With § 3 of the original version, the law made a connection to the material term in § 51 (1) Aliens Act 1990 (also called small asylum in legal terminology ). With the law for the implementation of Directive 2011/95 / EU in the Asylum Act in August 2013, for the first time substantive parts were included in accordance with the European legal requirements of Directive 2011/95 / EU . These concern the new international protection created by the directive , which includes the term refugee and the subsidiary forms of protection (at that time Sections 3 and 4 AsylVfG). Corresponding regulations were deleted at the same time in the Residence Act, the successor to the Aliens Act 1990, which came into force in 2005. As a material refugee law remained in the Residence are only the so-called. National prohibitions on deportation of § 60 para. 5 and 7 of the Residence. These provisions and the Asylum Act today form the essential part of material refugee law with Article 16 a of the Basic Law. At the same time, the law continues to regulate the recognition procedure for all forms of protection.

Art. 1 No. 1 of the Asylum Procedure Acceleration Act gave the act its current name with effect from October 24, 2015.

Regulations on the asylum procedure

In Germany, the right to asylum has constitutional status; it is laid down in Article 16a of the Basic Law ; until the asylum compromise of 1993 it was anchored in Article 16 of the Basic Law.

The asylum procedure begins with an asylum application, which must be submitted to a branch of the Federal Office for Migration and Refugees (BAMF). As part of the asylum procedure, the Federal Office then examines whether the applicant is entitled to asylum within the meaning of Article 16a (1) of the Basic Law and whether he is to be granted international protection within the meaning of Section 1 (1) No. 2 AsylG. The international protection consists of refugee status within the meaning of Section 3 (1) AsylG, which corresponds to the term refugee according to the international agreement on the legal status of refugees (GFK), and subsidiary protection within the meaning of Directive 2011/95 / EU ( § 4 Paragraph 1 AsylG).

If the right to asylum, refugee status and subsidiary protection are denied, the Federal Office checks whether deportation bans exist in accordance with paragraphs 5 and 7 of Section 60 of the Residence Act (Section 24, Section 2 of the Asylum Act). If these deportation bans are also denied and the foreigner is not in possession of another residence permit , the Federal Office issues a threat of deportation with its rejection notice.

If the Federal Office for Migration and Refugees determines that the Federal Republic is not responsible for the asylum procedure of the applicant according to the Dublin III Regulation (since 2013; previously the Dublin Convention and Dublin II Regulation ), it ends the asylum procedure in the Federal Republic, by declaring the asylum application inadmissible and ordering the deportation of the person concerned to the responsible state in accordance with Section 34a (1) AsylG. Due to the amendment of August 28, 2013 (Dublin III), persons who are to be transferred to another European country within the framework of the Dublin procedure have one week to submit an application against this deportation order on the basis of the amended Section 34a (2) AsylG deliver. This change has been in effect since September 6, 2013.

The asylum seekers are distributed among the federal states according to the Königstein key . Asylum seekers are not allowed to leave a defined area without written permission - depending on the state law, this is the administrative district in which they are accommodated or the state ( residence requirement ).

The Asylum Act also determines the conditions under which an asylum application that has been rejected can be accepted again (subsequent application, Section 71 AsylG) or when an earlier recognition expires, must be revoked or withdrawn ( Section 72 and Section 73 AsylG).

In the course of the refugee crisis in Europe in 2015 , the asylum law was tightened. For example, rejected asylum seekers can be deported more quickly (e.g. Section 36 (3) AsylG). In future, asylum seekers should also receive benefits in kind instead of money (e.g. Section 1a (2) AsylbLG).

Legal protection

Administrative recourse has been opened against negative decisions by the Federal Office for Migration and Refugees. The Asylum Act, however, formulates special regulations that take precedence over the Administrative Court Code (VwGO). In particular, the regulation of the period of appeal and the restrictions on legal remedies deviate from the VwGO at the expense of asylum seekers. The airport procedure ( Section 18a AsylG), for example, has a period of appeal of three days. Court decisions in urgent proceedings are - unlike in general administrative processes - not open to legal action. The reasons for which an appeal against a judgment can be admitted are also restricted in a special way under the Asylum Act.

Penalty and fine regulations

With the criminal provisions in § 84 , § 84a and § 85 AsylG, the law is part of ancillary criminal law . The induction of abusive asylum applications by third parties and the asylum seeker's stay in a district other than the district assigned by the competent authority as a violation of the residence obligation is made a punishable offense.

literature

  • Reinhard Marx : Asylum Procedure Act. Commentary on the Asylum Procedure Act . 8th edition, Luchterhand, Cologne 2014, ISBN 978-3-472-08623-9 .
  • Roland Fritz / Jürgen Vormeier (eds.): Community commentary on the Asylum Procedure Act (GK-AsylVfG) . Loose-leaf works Luchterhand, ISBN 978-3-472-30210-0 .

Web links

Individual evidence

  1. ^ From August 28, 2013 ( Federal Law Gazette 2013 I p. 3474 ).
  2. ↑ Difference between the versions of § 34a Asyl (Vf) G , buzer.de, valid before and after September 6, 2013
  3. ↑ Möller, René: Stricter asylum law applies from today: Now it is the turn of the federal states ( memento of October 24, 2015 in the Internet Archive ) at tagesschau.de, October 24, 2015 (accessed on October 24, 2015).