The four forms of protection in Germany ( Asylum, Refugee, Subsidiary protection ,National ban on deportation )
Entitlement to asylum
Accordingly, persons who would be subject to a serious human rights violation should they return to their country of origin are entitled to asylum and deemed to have been persecuted on political grounds because of their race1, nationality, political opinion, fundamental religious conviction or membership of a particular social group.
The legal basis and consequences 👇
Article 16a para. 1 of the Basic Law
• residence permit for three years
• settlement permit possible after three or five years if other preconditions are met, such as the ability to make a secure living and adequate knowledge of German
• unrestricted access to the labor market – gainful employment permitted
• entitlement to privileged family reunification (see p. 27)
Safe third countries 👇
Recognition of entitlement to asylum is ruled out if an individual enters via a safe third country. The German Asylum Act (Asylgesetz) defines the Member States of the European Union, as well as Norway and Switzerland, as safe third countries.
The right of asylum
In accordance with Article 16a of the Basic Law (Grundgesetz – GG) of the Federal Republic of Germany, persons persecuted on political grounds have the right of asylum. The right of asylum has constitutional status as a fundamental right in Germany. At its core, it serves to protect human dignity, but it also protects life, physical integrity, freedom and other fundamental human rights. It is the only fundamental right to which only foreigners are entitled.
Refugee protection
Refugee protection is more extensive than entitlement to asylum, and also applies to persecution by non-state players. On the basis of the Geneva Refugee Convention, people are regarded as refugees who, because of a well-founded fear of being persecuted by state or non-state players for reasons of race, religion, nationality, political opinion or membership of a particular social group, are outside their country of origin and nationality, or as stateless individuals are outside of their country of habitual residence. These criteria also apply if they are unable or, because of a well founded fear, are unwilling to avail themselves of the protection of their country of origin.
The legal basis and consequences
Section 3 subs. 1 of the Asylum Act (AsylG)
• residence permit for three years
• settlement permit possible after three or five years if other preconditions are met, such as the ability to make a secure living and adequate knowledge of German.• unrestricted access to the labor market – gainful employment permitted
• entitlement to privileged family reunification (see p. 27)
Subsidiary protection
People are entitled to subsidiary protection who put forward substantial grounds for the presumption that they are at risk of serious harm in their country of origin and that they cannot take up the protection of their country of origin or do not wish to take it up because of that threat. Serious harm can originate from both governmental and
non-governmental players.
The following are regarded as constituting serious harm: the imposition or enforcement of the death penalty, torture, inhuman or degrading treatment or punishment, a serious individual threat to the life or integrity of a civilian as a result of arbitrary force within an international or domestic armed conflict.
The legal basis and consequences 👇
Reasons for not qualifying for protection (Important)
The three forms of protection mentioned above cannot be considered if reasons for not qualifying apply. These include: If an individual has committed a war crime or a serious non-political criminal offence outside Germany, has breached the goals and principles of the United Nations, is to be regarded as a risk to the security of the Federal Republic of Germany, or constitutes a danger to the public because he/she has been finally sentenced to imprisonment for a felony (Verbrechen) or a particularly serious misdemeanour (Vergehen).
Section 4 subs. 1 of the Asylum Act (AsylG)
• residence permit for one year
• if extended: two more years in each case
• settlement permit possible after five years (the duration of the asylum
procedure is included) if other preconditions are met, such as the ability
to make a secure living and adequate knowledge of German
• unrestricted access to the labour market – gainful employment
permitted
• no entitlement to privileged family reunification (see p. 27)
National ban on deportation
A person who is seeking protection may not be returned if return to the destination country constitutes a breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or a considerable concrete danger to life, limb or liberty exists in that country.
A considerable concrete danger can be considered to exist for health reasons if a return would cause life-threatening or serious diseases to become much worse. This is not contingent on the healthcare provided in the destination state being equivalent to that available in the Federal Republic of Germany. Adequate medical treatment is also
deemed to be provided as a rule if this is only guaranteed in a part of the destination country.
If a national ban on deportation is issued, a person may not be returned to the country to which this ban on deportation applies. Those concerned are issued with a residence permit by the immigration authority.
A ban on deportation can however not be considered if the person concerned could depart for another country, and it is reasonable for them to be called on to do so, or if they have not complied with their obligations to cooperate.
The legal basis and consequences 👇
Section 60 subs. 5 of the Residence Act (AufenthG)
Section 60 subs. 7 of the Residence Act
• residence permit for at least one year
• repeated extensions possible
• settlement permit possible after five years (the duration of the asylum
procedure is included) if other preconditions are met, such as the ability
to make a secure living and adequate knowledge of German
• employment possible – permission must be obtained from the
immigration authority
