Why was the right to asylum changed?
The reason for the new law is a major reform at the EU level. The EU has revised the Common European Asylum System (CEAS). The goal is to standardize asylum procedures more closely across all member states.
Until now, individual countries have been able to set many of their own rules. In the future, numerous EU regulations will apply equally across all member states. Germany has therefore had to amend several laws—including the Asylum Act, the Residence Act, and the Act on Benefits for Asylum Seekers.
For asylum seekers, this means that procedures and processes will be reorganized. In the future, the question of who is granted international protection will also be determined by EU law rather than by German law.
An overview of the most important changes.
Asylum Application: New Procedures
One important change concerns the asylum application. In the future, a clearer distinction will be made between three steps: filing the application, registering the asylum seeker, and submitting the application.
This distinction is important because each step has its own legal consequences. For example, anyone who arrives at the border without entry documents must file an asylum application with the border authorities. Anyone who has already entered Germany without authorization must report to a reception center as soon as possible or file an application with the Foreigners' office or the police.
After this initial registration, the person is officially registered. The full asylum application is then submitted in person to the Federal Office for Migration and Refugees (BAMF).
New screening upon entry
Another new feature is the screening process. This refers to an initial review of asylum seekers. This review can take place either directly at the border or within the country.
The following, among other things, will be reviewed:
- Identity and Nationality
- Health status
- Safety considerations
- special protection needs
People who are particularly vulnerable include, for example, children, pregnant women, the sick, people with disabilities, traumatized individuals, and victims of violence. These individuals should be identified early so that their cases can be handled appropriately.
The information gathered during the screening process is stored in an EU database that is accessible to authorities in all EU countries.
New border procedures
One of the most significant changes concerns border procedures. In certain cases, asylum applications may in the future be reviewed directly at airports, seaports, or land borders—that is, even before the applicant actually enters Germany.
The border procedure may be considered if anasylum application haslittle chance of success, if there are doubts about the information provided, or if Germany may not have jurisdiction over the case.
A decision on the asylum application under the border procedure must be made within eight weeks; in exceptional cases, within twelve weeks. During this time, the person concerned may be required to remain in a specific location—usually a facility near the border.
Special protection rules apply to families with minor children. They must be housed in suitable accommodations. For unaccompanied minors, there is also a shorter decision-making period of six weeks.
If an asylum application is denied, a return procedure is to follow at the border. During this process, officials determine whether the person must leave the country and, if so, where they must go—that is, back to their country of origin or to a safe third country.
New rules for family asylum
The current family asylum system will be abolished in its current form and replaced with new rules. Until now, family members could receive protection under certain conditions because another family member had already been granted protection.
In the future, asylum applications from family members will generally be reviewed on a case-by-case basis. This means that each person’s case must be considered individually. The authorities will assess on a case-by-case basis whether there are grounds for protection.
Nevertheless, family unity should be taken into account. When families enter the country together, they should be advised to submit their asylum applications jointly. This is intended to prevent family cases from being separated.
Hearings in asylum proceedings remain important
The in-person interview remains one of the most important steps in the asylum process. During this interview, asylum seekers must explain why they need protection and why they cannot return to their home country.
Under the new rules, the hearing should take place as early as possible. Asylum seekers must present all compelling reasons against deportation at that time. Anyone who raises new reasons later must expect that they will no longer be taken into account.
Asylum seekers may be accompanied by an authorized representative or a support person during the hearing. This could be, for example, a lawyer or another support person.
Secondary migration: New rules for onward travel within the EU
The law also includes stricter rules regarding secondary migration. This refers to situations where a person has already been registered in another EU country or has been granted protection there and then travels on to Germany.
In such cases, it is determined whether Germany is responsible for the asylum proceedings. In the meantime, those affected may be housed in special reception facilities.
Under certain conditions, freedom of movement may be restricted here. This means that the asylum seeker is not permitted to leave the reception center. The length of stay there can be up to 24 months for adults and up to 12 months for families with children.
However, this measure must not simply be imposed across the board. It must be assessed on a case-by-case basis and be proportionate.
Working during the asylum process
The new law also specifies when asylum seekers are permitted to work in Germany. Previously, the rule was that asylum seekers were not allowed to work while they were required to live in a reception center.
A new provision is that, after three months, employment may be permitted even if the proceedings are still ongoing. In certain cases (e.g., in the case of secondary migration), this period is extended to six months.
Free legal advice
In the future, asylum seekers will be entitled to free legal advice from the Federal Office for Migration and Refugees (BAMF). This means that anyone with questions about their asylum proceedings can contact the BAMF and receive information free of charge. This entitlement also applies to secondary migration.
Cuts to benefits for asylum seekers are possible
In the future, individuals who have already been granted protection in another EU country (secondary migration) may be excluded from asylum benefits or receive only limited financial support.
Benefits may also be reduced for violations of residence rules. This applies, for example, if someone leaves a designated residence without permission or fails to comply with residence restrictions. Benefits will be paid in full again as soon as the person fulfills their obligations.
In addition, benefits may be reduced for up to one month if someone seriously disrupts order in a shelter, threatens others, or becomes violent. It is important to note that such measures must not be applied across the board, but must always be assessed on a case-by-case basis and be proportionate.
