Flight and asylum
Foreigners seeking refuge in Germany for political reasons can apply for protection as politically persecuted persons.
In addition, in accordance with the Geneva Refugee Convention, a foreigner is generally granted protection in Germany if he or she is threatened with political persecution in the country of origin. Political persecution is defined as persecution on grounds of race, religion, nationality, political opinion or membership of a particular social group.
A foreigner can also obtain protection in Germany if he or she is threatened with serious harm in his or her country of origin, such as torture or the imposition or execution of the death penalty.
The asylum procedure is regulated uniformly throughout Germany in the Asylum Act. The Federal Office for Migration and Refugees (BAMF) is responsible for conducting the asylum procedure. Within the framework of the asylum procedure, the BAMF also decides on any existing ban on deportation and certain obstacles to deportation. Every decision of the BAMF can be reviewed by filing a complaint with an administrative court.
When the asylum application is filed, the asylum seeker receives a residence permit until the end of the procedure. If the asylum application is successful, the foreigner receives a residence permit.
Obligation to leave the country
As a rule, asylum seekers whose application is rejected must leave Germany again. The individual federal states - in Baden-Württemberg the Karlsruhe Regional Council - enforce the obligation to leave, if necessary by deportation.
However, if the BAMF has decided that deportation is prohibited, the deportation is not carried out. Deportation is prohibited if, for example, there is a threat of torture, the death penalty, inhuman and degrading punishment or treatment or other considerable concrete danger to life, limb or freedom in the country of destination. In these cases, the foreigners authority usually grants a residence permit on humanitarian grounds.
Deportation is also not carried out if there is an obstacle to deportation. This is the case, for example, with seriously ill foreigners who cannot be adequately treated in their country of origin. In the case of such obstacles to deportation, the foreigners authority usually issues a residence permit for humanitarian reasons or a toleration. This depends, among other things, on how long the obstacle to deportation is expected to exist and whether the foreigner is prevented from leaving the country through no fault of his or her own.
If the asylum seeker entered Germany via a country in which he or she was safe from political persecution, his or her asylum procedure in Germany is usually inadmissible or unfounded. In this case, the BAMF itself orders the deportation to this state. If the entry is made via a member state of the European Union or Switzerland, Norway, Liechtenstein or Iceland, a transfer to this country usually takes place within the framework of the Dublin procedure.
In other cases where there is an obligation to leave the country, the BAMF first threatens deportation and sets a reasonable deadline for voluntary departure.
06.10.2022; Ministry of Justice Baden-Württemberg