Asylum Procedure Acceleration Act
| Basic data | |
|---|---|
| Title: | Asylum Procedure Acceleration Act |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Right of asylum |
| Issued on: | October 20, 2015 ( BGBl. 2015 I p. 1722 ) |
| Entry into force on: | October 24, 2015 |
| Weblink: | Legal text |
| Please note the note on the applicable legal version. | |
The Asylum Procedure Acceleration Act is an article law that made various changes to German asylum law in view of the worsening refugee crisis in Germany in 2015 . The law is intended to accelerate the asylum procedure, simplify the repatriation of persons obliged to leave the country in an enforceable manner and eliminate false incentives which could lead to a further increase in unjustified asylum applications. At the same time, the integration of foreigners with the prospect of staying should be improved. In order to be able to guarantee the accommodation of the large number of asylum seekers and refugees in Germany, it should also be possible to deviate from applicable regulations and standards for a limited period of time.
Changes in detail
Changes in asylum law
The former Asylum Procedure Act is now known as the Asylum Act (AsylG). The age from which an asylum seeker is considered capable of acting according to Section 12 AsylG has been increased from 16 to 18 years.
Safe countries of origin
To the list of safe countries of origin were Albania , Kosovo and Montenegro added. In order to ensure the observation of the legal standards in these states as required by the Federal Constitutional Court , § 29a AsylG stipulates a corresponding reporting obligation every two years.
Legal protection periods
If the Federal Office for Migration and Refugees (BAMF) issues a deportation threat or a deportation order with the negative decision and if it decides - this is now the norm in the practice of the Federal Office - at the same time a re-entry and residence ban pursuant to Section 11 AufenthG, an urgent application and legal action must be taken against this as well as against the deportation threat and order itself, can be filed and raised within a week. This is achieved through additions to Section 34a (2) sentence 3 AsylG and Section 36 (3) sentences 10 and 11 AsylG. This avoids a divergence of the legal protection deadlines, since for disputes according to the AsylG shorter complaint and application deadlines apply than under general law on foreigners. Since the norm of § 11 AufenthG is not a provision of the AsylG, the period of action with regard to the re-entry and residence ban would have been longer without the additions.
Administrative cooperation between the countries
Section 45 AsylG allows the federal states to work together flexibly in the distribution of refugees.
Obligation to live in initial reception facilities
The maximum length of stay for asylum seekers in initial reception facilities has been increased from three to six months, Section 47 AsylG. Applicants from a safe country of origin must reside in the reception center until their procedure has been completed and, in the event of rejection, until they leave the country. At the same time, there is no access to the labor market according to § 61 AsylG.
Certificate of registration as an asylum seeker
With the new § 63 a AsylG, a legal basis was created for the "Certificate of Registration as an Asylum Seeker" (BüMA), which was previously used in practice. This was considered necessary because the previous period of validity was extended from one week to one month. As a result of a further amendment to Section 63a AsylG by the Data Exchange Improvement Act , the BüMA was upgraded to a proof of arrival and redesigned.
Administrative jurisdiction
The federal states are given the opportunity to create specialized tribunals in the administrative courts for individual countries of origin . This is intended to improve the quality of judicial work in appeals proceedings against asylum decisions. It is criticized, however, that this also reduces the possibility of a mutual review of different panels.
Permission for asylum seekers to practice medicine temporarily
Paragraph 90 of the Asylum Act allowed asylum seekers who have completed their medical training to temporarily support the medical care of other applicants if there is a shortage of licensed doctors. You must act under the responsibility of a doctor and are not allowed to call yourself doctors. The regulation expired on October 24, 2017.
Changes to the Asylum Seekers Benefits Act
Restriction of benefits for certain persons obliged to leave the country
According to Section 1a of the Asylum Seekers Benefits Act, people who have either not been granted a deadline for leaving or for whom the deadline has expired "only receive benefits to cover their needs for food and accommodation including heating as well as personal and health care". Also tolerated are affected when they have the obstacle to deportation self-inflicted. There are some doubts as to whether the regulation is constitutional: In 2012, the Federal Constitutional Court stated that securing the socio-cultural subsistence level does not depend on the expected length of stay. Migration policy considerations alone could not justify a reduction in benefits below this standard.
Extension of benefits in kind
According to the revised § 1a Asylum Seekers Benefits Act, the necessary needs of those entitled to benefits should be covered by benefits in kind, unless this would not be possible with a reasonable administrative effort.
Changes to the Residence Act
Job-related language training
Foreigners who receive ALG II benefits are obliged to take part in German courses, unless a lawful permanent residence is not expected, Section 45a of the Residence Act.
No announcement of deportations
According to section 59 (1) sentence 8 of the Residence Act, specific deportation dates may no longer be communicated in future. So far, the deportation was announced to the persons to be deported, often in the form that they had to show up at a certain point (e.g. the immigration office) with their luggage on a certain date. The legislature has now expressly forbidden this procedure. Anyone who is obliged to leave the country and does not leave the country should expect to be deported at any time.
Adjustments in building law
In order to facilitate the construction of accommodation, exceptional provisions have been included in the Building Code and the Renewable Energies Heat Act .
Financial equalization
The federal government bears the costs for asylum seekers at a flat rate of 670 euros per month. The subsidy begins on the day of initial registration and ends when the process is completed.
Ordinance on the Asylum Procedure Acceleration Act
As part of the Asylum Procedures Acceleration Act, the federal government began with a change of § 26 BeschV by Article 1 of the Regulation on the Asylum Procedures Acceleration Act for the years 2016 to 2020 a program for the inclusion of labor migrants from the Western Balkan countries Albania , Bosnia and Herzegovina , Kosovo , Macedonia , Montenegro and Serbia in force. The application for a residence permit can only be submitted in the country of origin.
Reactions
Political reactions
The federal parliamentary group DIE LINKE of the German Bundestag reacted on September 29, 2015 with an application (18/6190) to the draft law, since the changes in the law are contrary to an open asylum policy.
In the motion to welcome all refugees - against a policy of exclusion and discrimination, the left-wing members of the Bundestag call on the federal government to "stop pursuing the draft law to tighten up the law on residence and asylum and instead advocate an open and fair asylum policy and rapid integration of the refugees coming to Germany and to fight racism effectively ".
Secondly, they call on the Federal Government to "use the current challenges in asylum policy as an opportunity to introduce socially fair policies and to ensure effective taxation of wealth in Germany so that the necessary funds for the reception of refugees are quickly made available This also includes the creation of a strong investment program, especially in the areas of integration, housing, education and work, it is precisely here that fairly paid work can arise. "
Thirdly, they demand "to use the talk of combating the causes of flight not only as a phrase or to legitimize isolation measures, but to initiate a very concrete policy change, the fair world economic and trade relations, a preventive and not based on arms and war peace policy and an effective one Aims to protect the climate "
Fourthly, they call on the Federal Government to "stand up for the European idea of free movement at EU level instead of introducing controls at intra-European borders, and to exercise its influence so that all EU member states fully respect the dignity and human rights of refugees . "
Reactions from interest groups
The non-profit society for the support of asylum seekers eV (statement of September 22, 2015) speaks of a “disenfranchisement by law” and a “disintegration program for refugees”, the social exclusion of refugees with little prospect of staying leads to a social climate of contempt.
The Jesuit Refugee Service (statement of September 22, 2015) criticizes a policy of "harassment" that goes "exactly in the wrong direction", permanent work bans and benefits in kind are "not worthy of a constitutional state", the planned cuts in benefits are an "open breach of the constitution" .
literature
- Neundorf: Innovations in residence and asylum law through the Asylum Procedure Acceleration Act, NJW 2016, p. 5
- Winfried Kluth : The Asylum Process Acceleration Act, Journal for Aliens Law and Aliens Policy 2015, p. 337
Web links
- Motion to welcome all refugees - Against a policy of exclusion and discrimination
- BumF position paper on asylum and residence law
Individual evidence
- ^ Draft of an asylum procedure acceleration act, Bundestag printed matter 18/6185 of September 29, 2015
- ↑ Ability to act in the asylum procedure. Federal Association of Unaccompanied Minor Refugees, accessed on November 22, 2018 .
- ↑ If an urgent application is to be submitted within one week, the period of action is also only one week ( Section 74 (1) AsylG).
- ↑ Here the period of action is one month ( Section 74 (1) VwGO); Urgent applications can be made for an unlimited period.
- ^ From February 2, 2016 ( BGBl. 2016 I p. 130 ).
- ^ A b Winfried Kluth : The Asylum Procedure Acceleration Act, Journal for Aliens Law and Aliens Policy 2015, p. 337
- ↑ Effective Procedures, Early Integration , bundesregierung.de of October 26, 2015
- ^ Amendment to § 26 Employment Ordinance of October 28, 2015 , buzer.de
- ↑ Ordinance on the Asylum Procedure Acceleration Act (AsylVfBeschlGV kaAbk.), Article 1 Amendment of the Employment Ordinance , buzer.de
- ↑ a b c d parliamentary group Die Linke: Welcoming all refugees - against a policy of exclusion and discrimination. Documentation Information System for Parliamentary Processes (DIP), September 29, 2015, accessed on February 23, 2017 .