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The Dublin Provision states that a refugee in the EU may only make oneasylum request. This must only be made in the country where you firstdemonstrably entered the EU.Were you already in another European country? Were you registered there? Fingerprinted? Or already made an asylum request in that country? If so, then the other European country is responsible for your asylum request.

The BAMF (federal office for migration and refugees) will determine if youmust return to said country. Your fingerprints will be placed in the DatenbankEurodac , where all asylum applicant fingerprints are collected. If the BAMF can prove that you were already in another country, it places apetition with this country. They are then required to take you back. For this purpose there are deadlines. If these deadlines expire, the responsibility passes to the state where the asylum seeker resides. Also, if you have already received protection status in another European country, it can be that your asylum procedure in Germany will be stopped, and you will have to return to said country. Your best option is to visit a refugeeinformation center as quickly as possible. Further information can be found at:

Englisch:

http://www.asyl.net/fileadmin/user_upload/redaktion/Dokumente/Arbeitshilfen/Flyer_Dublin_2014/EN_Dublin_Info_Flyer_final.pdf  

An “Aufenthaltsgestattung” is a residence permit. If you were registered in Germany as an asylum seeker, then you receive this document. The foreigners’registration office issues you the residence permit. It contains your personaldata (for example, your name, date of birth, and place of birth). **If you have already placed an asylum request, enclose this document in addition to the reference number of your asylum request.

Important: you must always have your residence permit on your person. It can happen that the Police request your identification. You must show this document to the police when requested.If you have a residence permit, there is residence condition. That means,during the duration of your asylum process, you must live in the localcommunity where you were sent. You receive social security benefitsaccording to the German social welfare law for asylum seekers.

 

 

You must always have your Residence Permit/ID with you. For this reason, you must immediately report to both the Police and the foreigners’ registrationoffice if you lose this important ID.

So that integration in Germany functions well, asylum seekers are spread evenly throughout the country. This system is called the “Königsteiner Schlüssel.” This is so the cities can better plan, for example, Kindergarten or school openings, but also, language courses.
It is possible for you to visit relatives or friends for a few days in another city in Germany. But it is important that you ask the city hall before travelling.
If you are approved as a refugee (1 year or 3 year), you must live in your city for another 2 years (Residency obligation). There are exceptions, for example, if, after your approval, you find a job in another city.

If you come from a safe country of origin, you can still place an asylum request and go through the asylum procedure. If you can prove in the interview that you are facing persecution in your home country, you have the possibility to receive protection status.

Safe countries of origin are countries that the German government has assessed and found that there is no state-sponsored political persecution and also, that the state is capable of protecting you from non-governmental persecution.

You can be sent back there, if it is demonstrable that it is your country of origin, or that you passed through this country (for example, through fingerprints or statement supplied at your interview).

 

These countries currently are (as of February 2017):

 

  • the nations of the European Union (Dublin III Provision)
  • Bosnia Herzegovina, Macedonia, Serbia, Montenegro, Albania and Kosovo
  • Ghana and Senegal

A full list of safe countries of origin can be found at the following link:

http://www.bamf.de/EN/Fluechtlingsschutz/Sonderverfahren/SichereHerkunftsstaaten/sichere-herkunftsstaaten-node.html 

During the asylum proceedings you may only move if the city allows you to, or if they request you to move. Everyone must inform the city hall and supply them with the new address after the move.

It is also important so that you can continue to receive mail. Otherwise problems can arise with the social services department or BAMF (federal office for migrants and refugees).

At the Deutsche Post (german postal service) you should place a mail forwarding request. This will allow letters to be delivered from your old address to your new address from six months to a full year’s time. For this service you must pay a small fee.

Normally, it can take several months for you to receive an interview invitation.

If you are unsure, ask the social services department/foreigners’ registration office in Borken county.

The law states: Asylum seekers are obligated to cooperate with their asylum proceedings.

That means, for example, you must give your proper identity. Or you must provide your passport or go to appointments with public authorities when you are invited. You must also state at the hearing/interview why you have requested asylum and if possible, provide thorough evidence to support your case.

With the Königsteiner Schlüssel, it is determined which city you must live in during the asylum proceedings.

The idea: Asylum seekers, that come fo Germany, should be evenly distributed throughout Germany using fair criteria. This makes planning easier, for example, for cities, school openings or to organize german language

courses.

The Königsteiner Schlüssel is re-calculated every year. In doing so, it can be determined how many people live in the federal states or communes or how much tax money they bring in.

The church asylum is an old protection tradition. A church community takes an asylum seeker on their premises to protect him from deportation. The church community can decide to offer church asylum, if they fear that a person is in danger of being deported.

The church has no legal authorization in Germany.

The interview is very, very important for you. After the interview, BAMF decides if your asylum request will be approved. It is also possible that you receive subsidiary protection. In the worst case, the asylum request will be declined. That’s why you have to be very well prepared for your interview.

Below, you will find 45 questions that the BAMF could ask you during the interiew.

Please read through the questions and practice the answers. If you are married or came to Germany with other family members, your answers should be the same as your other family members’.

1. Which language(s) do you speak? Do you speak another language or dialect?

2. Which citizenship do you have? Do you, or did you in the past, have another citizenship?

3. Are you a member of a certain tribe/ethnicity or religious group?

4. Can you show personal documents, for example, a passport, a substitute document or an ID card?

5. Why can’t you present personal documents?

6. Do you have personal documents like a passport, a substitute document or an ID card in your country of origin?

7. Can you show other personal documents, for example certificates, birth certificates, military IDs or a driver’s license?

8. Do you, or did you in the past, have a residence status/a visa for the Federal Republic of Germany or another country?

9. Please state your last official address in your country of origin.

10. Please state your first name, your family name (if necessary, your name from your marriage/maiden name), your birth date and your place of birth. Please also give the personal information of your marriage partner/spouse and the date and place of your marriage.

11. What is his/her address (if he/she no longer lives in his/her homeland)? Please give his/her previous and current address.

12. Do you have children? Please give the names of all of your children, also the adult children, with their first and last names, their places and dates of birth.

13. What is the address of your children (if they no longer live in their homeland)? Please provide the previous and current addresses.

14. Please give the first and last name and the address of your parents.

15. Do you have siblings, grandparents, aunts or uncles, that no longer live intheir country of origin?

16. Do you support your relatives financially in their homeland?

17. Please give the personal information of your in-laws.

18. Which school(s)/university(ies) have you attended?

19. What profession have you trained for? What was the name of your previous employer?

20. What is your profession/where do you work in Germany?

21. Were you in the military? Have you done military service?

22. Have you participated in a demonstration or activities against the current regime in your home country?

23. Were you in Germany once before?

24. Have you already placed an asylum request in another nation? Was your asylum request in another country accepted? Was it rejected?

25. Was the asylum request/refugee status of a family member in another nation accepted? Was it rejected? Is he/she there legally?

26. Are there reasons why your asylum request in this (other) country cannot be verified?27. Please explain why and when you came to Germany. When and why you left your home country. Through which countries did you travel? How did you arrive in Germany?

28. When did you arrive in Germany?

29. Did you come into Germany in a truck?

30. Have you placed an asylum request in another country?

31. Was your identity checked in another country?

32. Do you have relatives in Germany?

33. Were you politically active in your country of origin?

34. Are you still politically active in Germany?

35. What was, for you or your marriage partner/spouse, the most important reason that you left your city/village?

36. Does your marriage partner/spouse have siblings?

37. What was the profession of your marriage partner/spouse? Where have you earned your livelihood?

38. How much did it cost to leave your home country?

39. Where did you get this money?40. What were the reasons for you to leave your homeland?

41. From what does your family live in your home country?

42. What could have been the worst thing that could have happened if you had remained in your home village/city?

43. What are your fears and emotions when you think about going back?

44. What will happen if you go back?

45. Is there anything important/significant that you would like to add on the record?

It can be that you have to wait, even if you have an appointment. In any case, bring enough food and drinks with you. If you have children with you, you should bring toys for them to play with.

For the interview you have to bring your ID/passport with you.

At the interview you must relate why you were persecuted/why you fled your homeland. Therefore, it is very important that you adequately prepare before your interview.

You should bring all of your records (newspaper articles, threatening letters, doctor’s certificates,...) with you, to prove your testimony.

You must go to the interview. If you don’t, your asylum proceedings will automatically end. That means, you are staying in Germany illegally, and can be deported.

Therefore, it is very important that you contact BAMF before the interview.

After the interview/hearing you must wait for a letter from BAMF. It is important that you keep this letter as well as the envelope it arrives in. The date is on the envelope. In case you wish to proceed legally against the decision, the deadline is determined by the date on the envelope.

The letter states the status you are receiving.

There are more options;

● Recognition of entitlement to asylum

● Granting of refugee protection

● Granting of subsidiary protections

● Determination of deportation ban

● Simple refusal (with a departure request, if necessary, entry and residence ban)

● Refusal as “clearly unfounded” (with a departure request, if necessary, entry and residence ban)

Political Asylum

Who?

People that are entitled to asylum and thus politically persecuted, are those that, in case they return to their home country, will be subject to serious bodily harm, on account of their:

● Race (the term “race” will be used in referring to the treaty text of the Geneva Convention on Refugees)

● Nationality

● Political belief

● Religious choice

● Belonging to a specific social group (a group can be considered a specific social group, if it is based on the common characteristic of sexual orientation)

● Without a flight alternative inside the home country or otherwise protection from persecution

Legal Basics and Consequences

● Residence permission for three years

● Permanent residence after three or five years possible, if additional requirements, such as securing one’s livelihood as well as demonstrating satisfactory german language skills

● Unlimited access to labor market - employment permits● Right to family reunification

● Residence condition for 2 years starting from approval (exceptions are

possible)

Next Steps

● Register at the foreigners’ registration office (Ausländerbehörde)

● Prepare an application form for residence permit at the town hall

(Rathaus). Forms are available there.

● Wait for notification from Borken. You will receive this, when the

biometric identification can be picked up.

● Work is also possible. If you do not yet independently make your own

living, you have to register at the Jobcenter. Information about this can

● If you do not yet have health insurance, you must determine which

insurance provider applies to you and inform the Jobcenter.

● If you have not yet had an integration course, you can now register for

it.

● You can request social services. You can find information at the

● Inform yourself about insurance (liability insurance!!)

Approval as a Refugee (Geneva Convention on Refugees) (§ 3 Abs. 1 AsylG)

Who?

According to the Geneva Convention on Refugees, people are regarded as refugees when they have reasons to fear persecution from those within or without the State based on:

● Race (the term “race” will be used in referring to the treaty text of the Geneva Convention on Refugees)

● Nationality

● Political belief

● Religious choice

● Belonging to a specific social group (a group can be considered a specific social group, if it is based on the common characteristic of sexual orientation outside of their country of origin and cannot claim the protection of their home country or as a result of justified fear cannot claim said protection.

Legal Basics and Consequences

● Temporary residence permission for three years

● Permanent residence after three or five years possible, if additional requirements, such as securing one’s livelihood as well as demonstrating satisfactory german language skills

● Unlimited access to labor market - employment permits

● Right to family reunification

● Travelling abroad (but not to country of origin!) is possible

● Residence condition for 2 years starting from approval (exceptions are possible)

Next Steps

● Register at the foreigners’ registration office (Ausländerbehörde)

● Prepare an application form for residence permit at the town hall (Rathaus). Forms are available there.

● Wait for notification from Borken. You will receive this, when the biometric identification can be picked up.

● Work is also possible. If you do not yet independently make your own living, you have to register at the Jobcenter. Information about this can be found at the Jobcenter in your community.

● If you do not yet have health insurance, you must determine which insurance provider applies to you and inform the Jobcenter.

● If you have not yet had an integration course, you can now register for it.

● You can request social services. You can find information at the Migrationsberatung (migrant counseling) for adult immigrants.

● Inform yourself about insurance (liability insurance!!)

Who?

Subsidiary protection will be granted when, in the country of origin, serious

harm is threatened by persons within or without the State, and neither refugee

protection nor the entitlement to asylum can be granted.

Serious harm is:

● the imposition or enforcement of the death penalty,

● Torture or inhumane or demeaning treatment or punishment or,

● an individual, serious threat on one’s life or the integrity of a civilian due to the arbitrary violence of an international or domestic armed conflict

Legal Basics and Consequences

● Residence permission for one year

● extension possible for 2 years at a time

● permanent residence after 5 years (the length of the asylum proceedings will be included) is possible, if additional requirements, such as securing one’s livelihood as well as demonstrating satisfactory german language skills

● Unlimited access to labor market - employment permits

● family reunification is suspended for 2 years

● Residence condition for 2 years starting from approval (exceptions are possible)

Next steps

● Register at the foreigners’ registration office (Ausländerbehörde)

● Prepare an application form for residence permit at the town hall (Rathaus). Forms are available there.

● Wait for notification from Borken. You will receive this, when the biometric identification can be picked up.

● Work is also possible. If you do not yet independently make your own living, you have to register at the Jobcenter. Information about this can be found at the Jobcenter in your community.

● If you do not yet have health insurance, you must determine which insurance provider applies to you and inform the Jobcenter.

● If you have not yet had an integration course, you can now register for it.

● You can request social services. You can find information at the Migrationsberatung (migrant counseling) for adult immigrants.

● Inform yourself about insurance (liability insurance!!)

Naturalization is first possible, if you have resided in Germany for several years. Also you must prove that you have sufficient German language skills and you can earn your own living.

Information about this can be found at: www.einbuergerung.de 

If you have received an approval, this is possible under certain conditions. It is important that you act quickly (as soon as you receive notification). Contact Flüchtlingsberatung (refugee counseling) or your lawyer as soon as possible.

I have received a prohibition of deportation per §60 V + VII AufenthG.

That means you will continue to receive money because of the asylum seekers’ benefits act.

You cannot be deported for the time being. Under certain conditions you should contact your lawyer to discuss filing an appeal.

It is important that you immediately answer as soon as you receive notification from BAMF (federal office for migration and refugees). You should definitely keep the envelope which has the date of the notification on it.

You can directly contact your lawyer. In any case it is sensible to file an appeal within two weeks.

It is important that you answer as soon as you receive notification from BAMF (federal office for migration and refugees). You should definitely keep the envelope which has the date of the notification on it.

Asylum requests will be declined as illegitimate if you were already registered or have placed an asylum request in another European country.

It is important that you answer as soon as you receive notification from BAMF (federal office for migration and refugees). You should definitely keep the envelope which has the date of the notification on it.

Contact the Flüchtlingsberatungsstelle (refugee information center).

Yes. This can happen if, for example, the situation in your home country changes significantly. For example, if a civil war ends or the political situation changes. If you received a notice, the Ausländerbehörde (foreigners’ registration office) has to determine in you may continue to live in Germany.

For example, because you have already lived for a long time in Germany, or because you have integrated well.