What does § 73 AufenthG regulate?
§ Section 73 of the Residence Act regulates the participation requirements of various authorities in visa procedures, registration and asylum procedures and when issuing residence permits. This section specifies which data can be collected and forwarded to various authorities in order to examine security concerns. Let's take a closer look at what regulations have been made here and who is affected.
Legal overview of § 73 AufenthG in the Residence Act
The legal basis is Section 73 (1) sentence 1 AufenthG:
Legal text: "Data collected during the visa procedure by the German diplomatic mission or consular post abroad or by the diplomatic mission or consular post of another Schengen state responsible for receiving the visa application on the person applying for the visa, on the applicant and on persons who guarantee the security of their livelihood by submitting a declaration of commitment or in any other way, or on other reference persons in Germany, may be transmitted via the Federal Office of Administration to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counter-Intelligence Service, the Federal Criminal Police Office, the Federal Police and the Customs Criminal Police Office in order to establish grounds for refusal pursuant to Section 5 (4) AufenthG, Section 27 (3a) AufenthG or to examine other security concerns."
Key points:
- Aim of the review: Identification of expulsion interests or threats to public safety
- Authorities involved: BAMF, Office for the Protection of the Constitution, Federal Criminal Police Office and other security agencies
- Relevance for applicants for protection: Decision on the continuation of the protection status or a possible withdrawal
This regulation creates the basis for the protection status to be reviewed or even revoked in certain cases if there are significant security concerns. The control of data also applies to other participation requirements in the visa procedure that you must comply with.
Who is affected by Section 73 AufenthG?
In principle, Section 73 AufenthG applies to all persons who apply for a visa or apply for a Residence permit or are issued a Tolerance permit . This includes, among others, people who are eligible for temporary protection under § Section 24 AufenthG and people who are in the admission procedure according to § Section 23 AufenthG are in the admission procedure.
Persons who are in the visa process and are supported by a declaration of commitment may also fall within the scope of this paragraph. The aim is to improve security checks as part of entry and residence procedures.
Security checks according to § 73 AufenthG
Pursuant to Section 73 of the Residence Act, the Federal Office for Migration and Refugees (BAMF) is permitted to collect data from applicants for residence permits and tolerated stay permits and persons in the visa process and to transfer this data to other security authorities.
Below you will find out which data is collected in accordance with Section 73 and other relevant sections, which authorities are involved and which grounds for refusal may play a role in the security check.
What data is collected and transmitted?
The basis for the legality of the review can be found in Section 73 (1a) AufenthG.
Legal text: "Data that is collected or has already been stored for the purpose of securing, establishing and verifying identity in accordance with Section 16 (1) sentence 1 of the Asylum Act and Section 49 on persons within the meaning of Section 2 (1a), 2 number 1 of the Central Aliens Register Act (AZR Act) may be forwarded via the Federal Office of Administration to the Federal Intelligence Service for the purpose of establishing grounds for refusal in accordance with Section 3 (2), § Section 4(2) of the Asylum Act, Section 60(8)(2) or (3), (8a) or (8b) and Section 5(4) or for the purpose of examining other security concerns to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counter-Intelligence Service, the Federal Criminal Police Office, the Federal Police and the Customs Criminal Police Office."
As part of the security check in accordance with Section 73 of the Residence Act, various data is collected, including both personal and security-related information.
The regulations refer to several paragraphs of the Residence and Asylum Act, such as:
- Personal identity dataName, date of birth, place of birth and nationality
- Data according to § Section 49 Residence ActSection 49(5)(5), (8) and (9) of the Residence Act stipulates which additional information may be collected to secure, establish and verify identity. This data can also be transmitted by other Member States as part of the European data exchange.
- Security-relevant data according to § Section 16 (1) sentence 1 of the Asylum Act: This includes information collected to verify the identity of asylum seekers in order to determine possible grounds for refusal.
- Data for the determination of grounds for refusal pursuant to § Section 5 (4) AufenthGThese grounds for refusal include security-related aspects, such as threats to public security or possible expulsion interests pursuant to Section 54 AufenthG.
The exact overview of which data may be checked is provided in accordance with Section 73 (3a) AufenthG pursuant to Section 3 (1) numbers 1 and 3 of the AZR Act (information on immigration or emigration and residence status), as well as data pursuant to Section 3 (2) numbers 6 and 9 of the AZR Act
In addition, data on livelihood and financial guarantees is collected to ensure that there is no public interest in refusing the application. The data collected can then be transmitted to various security authorities via the Federal Office of Administration to enable a well-founded decision on the protection status or visa application.
Authorities and institutions involved
Several authorities are involved in checking and forwarding the security-relevant data in order to ensure a comprehensive security check.
These authorities include:
- Federal Office of Administration (BVA)Coordinates the transmission of data between the authorities.
- Federal Office for Migration and Refugees (BAMF): Carries out security checks and decides on protection status or visa applications.
- Federal Criminal Police Office (BKA) State Office of Criminal Investigation (LKA) and Federal Intelligence Service (BND)These authorities check whether there is any security-relevant information that could influence the protection status or the granting of the visa.
- Office for the Protection of the Constitution and Military Counterintelligence Service (MAD)Responsible for information on threats to internal security.
- Immigration authorities and German diplomatic missions abroadCollect the necessary data in the visa procedure and when extending residence permits and work closely with the other security authorities.
The cooperation of these institutions ensures an effective security check, which is in the public interest as well as with regard to the individual protection status of the persons concerned.
Safety concerns and reasons for refusal
The security checks pursuant to Section 73 AufenthG aim to identify grounds for refusal pursuant to Section 5 (4) AufenthG and other security concerns that could lead to a visa application being rejected or a residence permit or protection status being refused.
The most important reasons for a rejection are
- Threat to public safety and orderIn the event of indications of activities that could endanger security, such as membership of extremist organizations.
- Criminal offenses or previous convictionsPersons who have been convicted of serious criminal offenses may be rejected for reasons of public interest.
- Endangering the basic democratic order: If a person acts against the basic values of democracy, the following can be imposed in accordance with § 54 AufenthG there may be an interest in deportation.
- Lack of means of subsistenceA visa can be refused if you are unable to secure your livelihood from your own resources.
If such concerns or grounds for refusal are identified during the review in accordance with Section 73 AufenthG, this can lead to the application being rejected or even the protection status being withdrawn. It is therefore important to submit the necessary documents completely and correctly in order to enable a thorough and transparent examination.
Opinion on the review of the protection status
If the Federal Office for Migration and Refugees (BAMF) initiates a review of your protection status, you have the right to submit a statement. This is a valuable opportunity for you to explain your situation and provide all relevant information to defend your protection status. Use this opportunity well prepared to strengthen your position.
Your rights to comment
As part of the review, you have the right:
- explain your situation and your reasons for protection - You can explain why you still need protection in Germany.
- Provide evidence - Provide documents to show that you are still at risk or that you cannot reasonably be expected to return to your country of origin.
- Answer questions about your integration performance - Proof of your integration in Germany can increase your chances of retaining protection status.
A statement gives you the opportunity to present your personal situation in detail. Prepare yourself well and collect all the important documents that support your position.
Important documents and evidence that you should collect
In order to make your statement as comprehensive and convincing as possible, you should provide the following documents and evidence:
- Situation reports and evidence on the situation in your country of origin - Current reports from human rights organizations such as Amnesty International or Human Rights Watch are helpful in documenting the risk situation.
- Proof of integration in Germany - Collect documents such as language certificates, employment contracts or confirmations of voluntary work.
- Family and social documents - Documents about your family ties or social contacts in Germany can show how deeply rooted you already are.
Each of these documents can help you to demonstrate the value and importance of your protection status and convince the BAMF of your need for protection.
Tips for documenting integration services
Integration in Germany often plays a major role in the assessment of protection status. Therefore, show that you are actively integrating into society.
Here are some tips on how you can document your integration achievements:
- Prove your language skills - Certificates at level A1 to B2 (e.g. Goethe-Institut) are helpful.
- Work and training - Proof of employment, training certificates or internship certificates strengthen your statement.
- Commitment and voluntary work - If you are involved in associations or social projects, please ask for written confirmation of this.
- Participation in integration courses - Confirmations or certificates of completed integration and orientation courses are also an advantage.
By preparing thoroughly and collecting relevant evidence, you can increase your chances of defending your protected status.
Conclusion on Section 73 AufenthG
As you can see in the blog article, Section 73 AufenthG is about the verification of data for foreigners who come to Germany and apply for a Residence permit, foreigners who are issued a Tolerance permit or foreigners who apply for a visa. We have summarized the most important key points for you below and explained the importance of Section 73 AufenthG for you
Overview of the most important points regarding Section 73 AufenthG
- Purpose: § Section 73 AufenthG regulates the security check and data transfer of people who apply for a Residence permit, are issued a Tolerance permit or apply for a visa. The purpose is to improve security checks.
- Authorities involved: Various institutions such as the BAMF, the Federal Criminal Police Office and the Office for the Protection of the Constitution are involved in order to identify potential threats to public safety.
- Reasons for refusal: Security concerns or reasons for refusal such as endangering public order can lead to the refusal of a visa or residence permit.
Conclusion and importance of Section 73 Residence Act for refugees
Section 73 AufenthG is of particular importance for applicants for a visa, Residence permit or Tolerance permit , as it defines their rights and obligations in the context of the security check. This provision enables you to secure your chances of obtaining or extending protection status through transparent disclosure
FAQ - The most frequently asked questions about Section 73 AufenthG
Section 73 Residence Act regulates the security check of foreigners and the transfer of data to security authorities to safeguard public security.
Identity and security-related data is collected, including personal information and potential threats to public safety.
Reasons for failure include serious criminal offenses, threats to public order and activities against the basic democratic order.
When submitting your statement, you should submit relevant evidence, such as integration achievements and current reports on your country of origin, completely and carefully.
The data is collected by German diplomatic missions abroad, immigration authorities and the BAMF and, if necessary, forwarded to security authorities.
