Asylum Procedure Act (Asylum VfG)

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Asylum VfG

Date of completion: 26.06.1992

Full quote:

" Asylum Procedures Act as amended by the Notice of 2 September 2008 (BGBl. I p. 1798), most recently by Article 2 of the Law of 23 December 2014 (BGBl. I p. 2439).

Status:	New by Bek. v. 2.9.2008 I 1798;
	Last amended by Art. 2 G v. 23.12.2014 I 2439
This G replaces the G 26-5 v. 16.7.1982 I 946 (Asylum VfG)

For more details, please refer to the menu under Notes
This Act is designed to implement the following directives:

1.

Council Directive 2003 /9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers in the Member States of the European Union (OJ L 327, 30.4.2003, p. EU No OJ L 31, p. 18),

2.

Council Directive 2004 /83/EC of 29 April laying down minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the of the protection granted (OJ L 327, p. EU No L 304 p. 12),

3.

Council Directive 2005 /85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L 327, 30.12.2005, p. EU No L 326 p. 13).

Footnote

(+ + + Text evidence from: 1.7.1992 + + +) 

  

The G was decided as Article 1 G 26-7/1 v. 26.6.1992 I 1126 (Asylum VfGNG) by the Bundestag with the majority of its members and with the approval of the Bundesrat and is in accordance with. Article 7 (1) of this G entered into force on 1 July 1992.
(+ + + Official notes on EC law: transposition of EC Directive 9/2003 (CELEX Nr: 303L0009), EC Directive 83/2004 (CELEX Nr: 304L0083), EC Directive 85/2005 (CELEX Nr: 305L0085). Bek. v. 2.9.2008I 1798 + + +) Unofficial table of contents

Content Summary

Section 1Scope

§ 1

Scope

Section 2Protections Subsection 1
Asylum

§ 2	Legal status of asylum seekers

Subsection 2
International protection

§ 3	Granting refugee status
§ 3a	Acts of persecution
Section 3b	Reasons for tracking
§ 3c	Actors from which persecution can go
§ 3d	Actors that can provide protection
§ 3e	Internal protection
§ 4	Subsidiary protection

Section 3General provisions

§ 5	Federal Office
§ 6	Binding nature of asylum decisions
§ 7	Collection of personal data
§ 8	Transfer of personal data
§ 9	High Commissioner for Refugees of the United Nations
§ 10	Delivery rules
§ 11	Exclusion of the objection
§ 11a	Temporary suspension of decisions

Section 4Asylum Procedures Subsection 1
General procedural rules

§ 12	Capacity for action of minors
§ 13	Asylum application
§ 14	Application
§ 14a	Family Unit
§ 15	General duty to co-act
§ 16	Protection, identification and verification of identity
§ 17	Language Investigators

Subsection 2Introduction of the asylum procedure

§ 18	Tasks of the Border Authority
Section 18a	Procedures for entry on the airway
§ 19	Duties of the Foreigners ' Office and the Police
§ 20	Forwarding to a recording device
Section 21	Custody and transfer of documents
Section 22	Reporting obligation
Section 22a	Adoption of an asylum procedure

Subsection 3procedures at the Federal Office

Section 23	Application to the branch office
§ 24	Obligations of the Federal Office
Section 25	Hearing
Section 26	Family asylum and international protection for family members
Section 26a	Safe third countries
§ 27	Other security before tracking
§ 27a	Jurisdiction of another State
§ 28	Post-escape stocks
§ 29	Unpaid asylum applications
§ 29a	Safe country of origin
§ 30	Clearly unsubstantiated asylum applications
Section 31	Decision of the Federal Office on Asylum Applications
Section 32	Decision in case of withdrawal or withdrawal
Section 32a	Rest of the procedure
§ 33	Non-operation of the procedure

Subsection 4Residence Termination

Section 34	Threat of deportation
§ 34a	Removal Order
§ 35	Threat of deportation in the event of inconsiderable asylum application
§ 36	Procedures in the event of inaccuracy and obvious unjustifiability
Section 37	Further proceedings in the case of uphold judicial decision
§ 38	Withdrawal period for any other refusal and withdrawal of the application for asylum
§ 39	(dropped)
§ 40	Information to the Foreigners ' Office
Section 41	(dropped)
§ 42	Binding effect of foreign-law decisions
Section 43	Enforceability and suspension of deportation
§ 43a	(dropped)
Section 43b	(dropped)

Section 5Placement and Distribution

Section 44	Creation and maintenance of reception facilities
§ 45	Recording quotas
Section 46	Determination of the competent host institution
§ 47	Stay in reception facilities
§ 48	Termination of the obligation to reside in a host institution
§ 49	Dismissal from the host institution
§ 50	Internal Distribution
Section 51	Cross-country distribution
Section 52	Quoting
Section 53	Accommodation in Community accommodation
§ 54	Information to the Federal Office

Section 6Right of stay
during the asylum procedure

§ 55	Residency
§ 56	Spatial restriction
Section 57	Leaving the lounge area of a receiving facility
Section 58	Leaving an assigned residence area
§ 59	Enforcement of the spatial restriction
§ 59a	Erasing the spatial restriction
§ 59b	Spatial restriction arrangement
§ 60	Requirements
Section 61	Employment
Section 62	Health inspection
§ 63	Certificate of residency
Section 64	Identity
Section 65	Issue of the passport
Section 66	Call for tenders for the determination of residence
Section 67	Deletion of the residency
Section 68	(dropped)
Section 69	(dropped)
Section 70	(dropped)

Section 7Following application, confirmation

Section 71	Follow-up request
Section 71a	Confirmation

Section 8Erasing of the legal status

Section 72	Delete
Section 73	Revocation and withdrawal of asylum rights and refugee status
Section 73a	Foreign recognition as a refugee
Section 73b	Revocation and withdrawal of subsidiary protection
Section 73c	Revocation and withdrawal of deportation prohibitions

Section 9Court proceedings

Section 74	Accusation, refoulement of late introduction
§ 75	Suspensive effect of the action
Section 76	Single judge
Section 77	Decision of the General Court
Section 78	Legal remedies
§ 79	Specific rules governing the appeal procedure
§ 80	Exclusion of the complaint
§ 80a	Rest of the procedure
§ 81	Non-operation of the procedure
Section 82	Access to the file in the interim legal protection procedure
Section 83	Special spruce body
§ 83a	Information to the Foreigners ' Office
Section 83b	Court costs, value of the object

Section 10Criminal and monetary rules

Section 84	Abusive asylum-seekers ' status
Section 84a	Commercial and band-wise guidance on abusive asylum applications
§ 85	Other offences
§ 86	Fines

Section 11Transition and final provisions

Section 87	Transitional provisions
§ 87a	Transitional provisions on the occasion of the amendments which entered into force on 1 July 1993
§ 87b	Transitional provision on the occasion of the amendments which entered into force on 1 September 2004
Section 88	Regulation
§ 88a	Provisions on administrative procedures
§ 89	Limitation of fundamental rights
§ 90	(dropped)

Section 1
Scope

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§ 1 Scope

(1) This Act applies to foreigners applying for the following:

1.

Protection against political persecution under Article 16a (1) of the Basic Law, or

2.

International protection provided for in Directive 2011 /95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for beneficiaries of subsidiary protection and for the content of the protection granted (OJ L 327, 30.4.2004, p. 9); international protection within the meaning of Directive 2011 /95/EU covers protection against persecution under the Convention of 28 July 1951 relating to the Status of Refugees (BGBl. 559, 560) and subsidiary protection within the meaning of the Directive, as defined in Council Directive 2004 /83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ L 327, 30.4.2004, p. 12), international protection is the same as international protection within the meaning of Directive 2011 /95/EU; § 104 (9) of the Residence Act remains unaffected.

(2) This Act does not apply to non-homeless foreigners within the meaning of the law on the status of homeless foreigners in the Federal Republic of Germany in the revised version published in the Bundesgesetzblatt Part III, outline number 243-1, respectively. the current version.

Section 2
Protection

Subsection 1
Asylum

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§ 2 Legal status of asylum-seekers

(1) In the Federal Republic of Germany, persons entitled to asylum shall enjoy the legal status under the Convention on the Status of Refugees. (2) Unaffected shall remain the provisions which grant the right of asylum a more favourable legal status. (3) Foreigners who have until now on the effective date of accession in the territory referred to in Article 3 of the Agreement on asylum, asylum shall be deemed to have been granted.

Subsection 2
International protection

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§ 3 Recognition of refugee status

(1) A foreigner is a refugee within the meaning of the Agreement of 28 July 1951 relating to the Status of Refugees (BGBl. 559, 560), if it is

1.

From a well-founded fear of persecution on account of his race, religion, nationality, political opinion, or membership of a particular social group

2.

outside the country (country of origin),

a)

of which he is a national and whose protection he or she cannot take advantage of, or who does not wish to take advantage of that fear, or

b)

in which he was a stateless person, his former habitual residence, and in which he cannot return or does not want to return because of that fear.

(2) A foreigner shall not be a refugee under paragraph 1 if, for serious reasons, the assumption is justified that he/she shall

1.

has committed a crime against peace, a war crime or a crime against humanity, within the meaning of the international treaties that have been drawn up in order to make provisions relating to these crimes,

2.

, before being taken as a refugee, has committed a serious non-political offence outside the territory of the Federal Republic, in particular a cruel act, even if it has been pursued with a preprenatal political objective, or

3.

has been contrary to the purposes and principles of the United Nations.

Sentence 1 shall also apply to aliens who have instigated or otherwise participated in the offences or acts referred to therein. (3) A foreigner shall not be a refugee under paragraph 1, if he or she has the protection or assistance of a person who is not a refugee. organisation or establishment of the United Nations, with the exception of the United Nations High Commissioner for Refugees, as referred to in Article 1 (D) of the Convention on the Status of Refugees. Where such protection or assistance is no longer granted without the situation of the person concerned having been definitively resolved in accordance with the relevant resolutions of the General Assembly of the United Nations, paragraphs 1 and 2 shall apply. (4) A foreigner who is a refugee in accordance with paragraph 1 shall be granted refugee status, unless he fulfils the conditions laid down in Section 60 (8) sentence 1 of the Residence Act. Unofficial table of contents

§ 3a pursuits

(1) The pursuit within the meaning of Article 3 (1) shall apply to acts which:

1.

are so serious, because of their nature or repetition, that they constitute a serious violation of fundamental human rights, in particular those of which, in accordance with Article 15 (2) of the Convention of 4 November 1950 on the protection of the rights of the Human rights and fundamental freedoms (BGBl. 685, 953), no derogation is allowed, or

2.

in a cumulation of different measures, including a violation of human rights, which is so serious that a person is affected in a manner similar to the one described in paragraph 1.

(2) The following acts may be considered to be the pursuit within the meaning of paragraph 1:

1.

the use of physical or psychological violence, including sexual violence,

2.

legal, administrative, police or judicial measures which are discriminatory or are applied in a discriminatory manner,

3.

criminal prosecution or punishment which is disproportionate or discriminatory,

4.

Denial of judicial protection with the result of a disproportionate or discriminatory punishment,

5.

prosecution or punishment for denial of military service in a conflict if the military service would include crimes or acts that fall under the exclusion clauses of section 3 (2),

6.

Acts linked to sexual affiliation or directed against children.

(3) There must be a link between the acts referred to in § 3, paragraph 1, point 1, in connection with the causes of persecution mentioned in § 3b and the acts classified as persecution in paragraphs 1 and 2, or the absence of protection against such acts. Unofficial table of contents

§ 3b Reasons for the persecution

(1) In the examination of the grounds of persecution in accordance with Section 3 (1) (1), account shall be taken of the following:

1.

the concept of race includes, in particular, the aspects of skin colour, origin and belonging to a particular ethnic group;

2.

the concept of religion includes, in particular, theistic, non-theistic and atheistic beliefs, the participation or non-participation in religious rites in the private or public sphere, alone or in community with others, other religious activities or expressions of opinion and behaviour of individuals or of a community based on or prescribed by religious beliefs;

3.

The concept of nationality is not limited to the nationality or absence of such nationality, but also refers in particular to membership of a group through its cultural, ethnic or linguistic identity, a common geographical or political origin or its relationship with the population of another State is determined;

4.

a group shall be considered to be a particular social group in particular where:

a)

members of this group have congenital characteristics or a common background that cannot be changed, have common characteristics, or share a belief that is so important to identity or conscience that the Do not have to be forced to renounce it; and

b)

the group has a clearly defined identity in the country in question, since it is seen as being different from the society surrounding it;

a certain social group may also be considered to be a group based on the common characteristic of sexual orientation; acts which are considered to be punishable under German law shall not be covered by such a group; persecution on account of Membership of a particular social group may also exist if it is linked solely to gender or to gender identity;

5.

The concept of political opinion shall in particular be understood as meaning that, in a matter relating to the potential pursuers referred to in paragraph 3c and their policies or procedures, the foreigner has an opinion, a basic position, or It is not important whether it has been active on the basis of this opinion, basic attitude or conviction.

(2) In assessing whether the fear of an outlander is based on persecution, it is immaterial whether it has in fact the characteristics of the race or the religious, national, social or political characteristics of the prosecutable if these characteristics are attributed to him by his pursuer. Unofficial table of contents

§ 3c Actors from which persecution can proceed

The persecution can go out of

1.

the State,

2.

parties or organisations which dominate the State or a substantial part of the territory of the State; or

3.

non-state actors, provided that the actors referred to in paragraphs 1 and 2, including international organisations, are not in a position or unwilling to provide protection against persecution within the meaning of § 3d, and this shall be independent of the of whether or not there is a state power in the country.

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§ 3d actors who can provide protection

(1) Protection against persecution can only be provided

1.

by the State or

2.

by parties or organisations, including international organisations, which dominate the State or a substantial part of the territory of the State,

provided that they are willing and able to provide protection in accordance with paragraph 2. (2) Protection against persecution must be effective and must not be of a temporary nature. In general, such protection shall be ensured where the actors referred to in paragraph 1 take appropriate steps to prevent the prosecution, for example through effective legislation to identify, prosecut and pundize the (3) In assessing whether an international organisation dominates a State or a substantial part of its territory, and whether it has access to such protection, it should be considered as a matter of fact, and the Member State is responsible for the protection of the foreign and security policy of the Member State. (2), if any, are provided in relevant European legislation Union established guidelines. Unofficial table of contents

§ 3e Internal protection

(1) The refugee status shall not be granted to the foreigner if he/she

1.

in part of its country of origin does not have a well-founded fear of persecution or access to protection against persecution under § 3d, and

2.

can travel safely and legally in this part of the country, be admitted there and can reasonably be expected to settle there.

(2) When examining whether a part of the country of origin meets the conditions laid down in paragraph 1, the general conditions and the personal circumstances of the applicant in accordance with Article 4 of Directive 2011 /95/EU shall be at the time of the Decision on the application to be taken into account. To this end, accurate and up-to-date information from relevant sources, such as information from the United Nations High Commissioner for Refugees or the European Asylum Support Office, is to be obtained. Unofficial table of contents

§ 4-Subsidiary protection

(1) A foreigner shall be eligible for subsidiary protection if he has provided valid reasons for the assumption that he or she is in danger of serious damage in his country of origin. The following is considered serious damage:

1.

the imposition or execution of the death penalty;

2.

Torture or inhuman or degrading treatment or punishment, or

3.

a serious individual threat to the life or integrity of a civilian as a result of indiscriminate violence in the context of an international or internal armed conflict.

(2) A foreigner shall be excluded from granting subsidiary protection under paragraph 1 if there are serious grounds to justify the acceptance that he/she shall:

1.

has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international treaties which have been drawn up in order to lay down provisions relating to such crimes;

2.

has committed a serious crime,

3.

may have been responsible for acts that have been committed to the purposes and principles of the United Nations, such as those contained in the Preamble and Articles 1 and 2 of the Charter of the United Nations (BGBl. 430, 431), or are not included in the

4.

a danger to the general public or to the security of the Federal Republic of Germany.

These grounds of exclusion also apply to foreigners who enact or otherwise participate in the aforementioned offences or acts in any other way. (3) § § 3c to 3e shall apply accordingly. The risk of serious damage, the protection against serious damage or the actual danger of a serious damage to the persecution, the protection against persecution or the well-founded fear of prosecution shall be replaced by the risk of serious damage or damage to the person. serious damage; the role of refugee status is subsidiary protection.

Section 3
General provisions

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§ 5 Federal Office

(1) The Federal Office for Migration and Refugees (Bundesamt) decides on asylum applications. The Federal Ministry of the Interior shall appoint the head of the Federal Office of the Federal Republic of Germany. The head of the Federal Office is to set up a branch office at each central reception facility for asylum-seekers (reception facility) with at least 500 accommodation places. The Head of the Federal Office may agree with the countries to make available to him factual and human resources for the necessary performance of his duties in the field offices. . The staff made available to him shall be subject to his professional instructions, such as the staff of the Federal Office, on the same level. The more detailed rules shall be laid down in an administrative agreement between the Federal Government and the country. Unofficial table of contents

§ 6 Liability of asylum decisions

The decision on the application for asylum shall be binding in all matters in which recognition as an asylum seeker or the granting of international protection within the meaning of Section 1, paragraph 1, point 2, is legally binding. This does not apply to the extradition procedure as well as to the procedure in accordance with § 58a of the Residence Act. Unofficial table of contents

§ 7 Collection of personal data

(1) The authorities entrusted with the implementation of this Act may collect personal data for the purposes of the execution of this Act, to the extent that this is necessary for the performance of their duties. Data within the meaning of Section 3 (9) of the Federal Data Protection Act as well as corresponding provisions of the data protection laws of the Länder may be collected, insofar as this is necessary in individual cases for the performance of tasks. (2) The data shall be available to the person concerned. collect. They may also be levied without the participation of the person concerned in other public bodies, foreign authorities and non-public bodies, if:

1.

this law or any other piece of legislation requires or compulsenly presupposea

2.

it is clear that it is in the interest of the person concerned and there is no reason to believe that he would, in the knowledge of the survey, refuse to give his consent,

3.

the participation of the person concerned would not be sufficient or would require a disproportionate effort,

4.

the task of its kind to be fulfilled requires a survey by other persons or bodies, or

5.

it is necessary to verify the data of the person concerned.

In the case of foreign authorities and non-public bodies, data may be collected only if there is no evidence that the overriding legitimate interests of the person concerned are adversely affected, as is the case with the second sentence of the second sentence. Unofficial table of contents

§ 8 Transfer of personal data

(1) Public authorities shall, upon request (Section 7 (1)), inform the authorities entrusted with the implementation of this Act to inform them of circumstances which have become known to them, in so far as special legal conditions for use or overriding legitimate interests are concerned. (2) The competent authorities shall immediately inform the Federal Office of a formal extradition request and a request for the arrest of another State, which is linked to the announcement of the request for extradition. as well as the conclusion of the extradition procedure, if the (2a) The authorities responsible for the implementation of this law shall share circumstances and measures under this Act, the knowledge of which shall be for the benefit of beneficiaries of the Asylum Seekers Benefit Act. , as well as the distributions of work permits communicated to them to those persons and information on the erasure, withdrawal or withdrawal of the work permits to the competent authorities in accordance with § 10 of the Asylum Application Act. (3) The data collected under this Act may also be used for the purposes of execution. the law of residence and the health care and care of asylum-seekers, as well as for measures of prosecution and requests for the prosecution of administrative offences, to the public authorities responsible for carrying out such proceedings, insofar as it is intended to fulfil their obligations. of the tasks within their competence shall be transmitted and processed and used by them. They may be transferred to and processed and used by a body referred to in § 35 (1) of the First Book of the Social Code, insofar as this is necessary for the detection and prosecution of unauthorised receipt of benefits under the Twelfth Book Social code, benefits of sickness and accident insurance institutions or of unemployment benefit or subsisting benefits in accordance with the Second Book of Social Code is required and if there is any real evidence of a unauthorised reference. § 88 (1) to (3) of the Residence Act shall apply. (4) A data transfer pursuant to other statutory provisions shall remain unaffected. (5) The regulation of § 20 (5) of the German Federal Data Protection Act and corresponding Regulations of the data protection laws of the countries are not applicable. Unofficial table of contents

Section 9 High Commissioner for Refugees of the United Nations

(1) The foreigner may contact the High Commissioner for Refugees of the United Nations. This can be taken into account in individual cases in proceedings at the Federal Office. He can visit foreigners, even if they are in custody or are staying in the transit area of an airport. (2) The Federal Office shall transmit the necessary information to the United Nations High Commissioner for Refugees at the request of the High Commissioner for Refugees. Information on the performance of its duties under Article 35 of the Convention on the Status of Refugees. (3) Decisions on asylum applications and other information, in particular the grounds for persecution, may be taken, except in the case of anonymity. Form, only to be transmitted if the foreigner himself is to the High (4) The data may be used only for the purpose for which it was transmitted. (5) The provisions of paragraphs 1 to 4 shall apply in accordance with the provisions of the following: for organisations acting on behalf of the United Nations High Commissioner for Refugees on the basis of an agreement with the Federal Republic of Germany in the Federal Republic of Germany. Unofficial table of contents

Section 10 Rules on delivery

(1) During the period of the asylum procedure, the foreigner must be able to obtain communications from the Federal Office, the competent aliens authority and the courts in question; in particular, he shall have to change his address to the (2) The foreigner shall have to be subject to deliveries and informal communications at the last address, known to the body in question on the basis of his or her application for asylum or his communication, if: he or she shall not appoint an authorised representative for the proceedings, nor The person entitled to receive or not to be served by the recipient. The same shall apply if the last known address, under which the foreigner resides or is obliged to reside, has been communicated by a public authority. The foreigner shall be subject to statements and informal communications of the public authorities other than those referred to in paragraph 1 below the address under which he or she shall be notified in accordance with the provisions of the first and second sentences and the informal communications of the public authorities. Federal Office must be subject to change. If the consignment cannot be delivered to the foreigner, the delivery shall be deemed to have been effected with the task of the post office, even if the consignment is returned as undeliverable. (3) Family members of the family within the meaning of § 26 (1) to (3) shall be subject to a common The asylum procedure and, in accordance with paragraph 2, the same address for all members of the family, may be summarised in a communication or communication and sent to a member of the family for certain decisions and communications. , if it is 18. Year of life has been completed. The address shall be given by all the members of the family who shall be the 16. have been completed and for which the decision or notification is determined. In the decision or notice, it shall be expressly pointed out to which members of the family they are subject to. (4) In a host institution, these deliveries and informal communications shall be sent to the foreign nationals who, in accordance with paragraph 2, shall: To make deliveries and informal communications under the address of the host institution must be made subject to the following conditions. Post-issue and post-distribution times are to be made known for each working day by means of a notice. The foreigner has to ensure that it can be handed in to him during the post-issue and post-distribution periods in the reception facility. Deliveries and informal communications shall be effected by handing over to the foreigner; otherwise, they shall be deemed to have been effected on the third day after being handed over to the host institution. (5) The provisions relating to the replacement delivery shall remain unaffected. (6) If delivery should take place outside the territory of the Federal Republic of Germany, it must be made public by public notice. The provisions of § 10 (1) sentence 2 and 2 of the Administrative Appointing Act shall apply. (7) The foreigner shall be informed in writing and against receipt of receipt of the application for the application of the application. Unofficial table of contents

Section 11 Exclusion of the objection

There is no contradiction between measures and decisions under this law. Unofficial table of contents

Section 11a Temporary Suspension of Decisions

The Federal Ministry of the Interior may temporarily suspend decisions of the Federal Office for a period of six months in accordance with this Act concerning certain countries of origin, if the assessment of the situation relevant to asylum and deportation is special. Clarification is needed. The suspension in accordance with the first sentence may be extended.

Section 4
Asylum procedure

Subsection 1
General procedural rules

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§ 12 Capacity for action of minors

(1) Ability to take procedural acts under this law is also a foreigner, who is the 16. (2) In the case of the application of the Civil Code, he/she has completed his/her life year, provided that he is not in accordance with the Civil Code or in the case of his/her majority in the case of his or her majority. (2) Application This law is governed by the provisions of the Civil Code as to whether a foreigner is to be regarded as a minor or of a full year. The business capacity and the other legal capacity to act in accordance with the law of his or her home country shall remain unaffected. (3) In the asylum procedure, subject to a deviating decision of the family court Each parent has the power to represent a child under the age of 16 if the other parent does not reside in the Federal territory or if his/her place of residence is not known in the Federal Republic of Germany. Unofficial table of contents

Section 13 Asylum Application

(1) An application for asylum shall be submitted if the applicant's intention, expressed in writing, orally or in any other way, shows that he is seeking protection from political persecution in the federal territory or that he or she is protected from deportation or from a (2) With each application for asylum, recognition as an asylum-seeker as well as international protection shall be sought after. (2) referred to in Article 1 (1) (2). The foreigner may restrict the application for asylum to the granting of international protection. It shall be informed of the consequences of a restriction on the application. § 24 Paragraph 2 remains unaffected. (3) A foreigner who is not in possession of the required entry documents has to search for asylum at the border (§ 18). In the case of unauthorised entry, he must immediately register with a reception facility (§ 22) or in the case of the Immigration Office or the police to seek asylum (§ 19). Unofficial table of contents

Section 14 Application

(1) The application for asylum shall be made at the branch office of the Federal Office, which is assigned to the host institution responsible for the reception of the outlander. Before submitting an application, the foreigner must be informed in writing and against receipt of receipt that after withdrawal or indisputable rejection of his application for asylum, the issue of a residence permit pursuant to Section 10 (3) of the Residence Act Subject to restrictions. In the case of the second sentence of the second sentence of paragraph 2, the notice must be obtained without delay. (2) The application for asylum shall be filed with the Federal Office if the foreigner

1.

has a residence permit with a total duration of more than six months,

2.

is in detention or other public custody, in a hospital, a medical or nursing home or in a youth welfare institution, or

3.

not yet the 16. His legal representative is not obliged to reside in a host institution.

The Aliens Authority shall immediately forward a written application submitted to the Federal Office. (3) If the foreigner is in the cases referred to in the first sentence of paragraph 2, the foreigner shall be in the position of the Federal Office.

1.

Pre-trial detention,

2.

Criminal detention,

3.

Preparatory detention pursuant to Section 62 (2) of the Residence Act,

4.

According to § 62 (3) sentence 1 no. 1 of the Residence Act, because after the unauthorised entry he has held up for more than one month without a residence permit in the Federal territory,

5.

Custody pursuant to § 62 (3) sentence 1 no. 1a to 5 of the Residence Act,

the asylum application shall not preclude the order or maintenance of detention. The foreigner must immediately be given the opportunity to contact a legal counsel of his/her choice, unless he has insured himself in advance of his/her own legal assistance. The deportation detention shall end with the notification of the decision of the Federal Office, but no later than four weeks after receipt of the application for asylum with the Federal Office, unless it has been done under the legislation of the European Community or of a under international law concerning jurisdiction to carry out asylum procedures, a request for a re-admission or re-admission to another State or the application for asylum was rejected as inasmuch or manifestly unfounded. Unofficial table of contents

§ 14a Family unit

(1) With the asylum application in accordance with § 14, an application for asylum shall also be deemed to have been filed for any child of the expo who is unmarried, the 16. It has not yet completed its life year and is in the federal territory at that time, without being entitled to freedom of movement or to be in possession of a residence permit if it had not previously submitted an application for asylum. (2) Reist ein ledige, unter 16 Years old child of the foreigners after their asylum application to the Federal territory one or if it is born here, this is to be notified immediately to the Federal Office if a parent has a residency or after the completion of his/her Asylum procedure without residence permit or with a residence permit pursuant to section 25 (5) of the Residence Act in the Federal Republic of Germany. In addition to the child's representative within the meaning of Section 12 (3), the obligation to notify shall also be the responsibility of the Foreigners Authority. With access to the Federal Office of the Federal Office, an application for asylum is deemed to have been filed for the child. (3) The representative of the child within the meaning of Section 12 (3) may, pending the notification of the decision of the Federal Office, to carry out an asylum procedure for the child By declaring that the child is not in danger of being persecuted within the meaning of § 3 (1) and no serious damage within the meaning of § 4 (1). (4) Paragraphs 1 to 3 shall also apply if the application for asylum has been lodged before 1 January 2005 and the child has been in the territory of the Federal Republic at that time, has subsequently entered or is in the Federal Republic of Germany was born. Unofficial table of contents

Section 15 General obligation to co-act

(1) The foreigner is personally obliged to participate in the clarification of the facts. This shall also apply if he is represented by an authorised representative. (2) In particular, he shall be obliged to:

1.

the authorities responsible for the implementation of this law shall provide the necessary information orally and, as requested, in writing;

2.

to inform the Federal Office without delay if a residence permit has been issued to him;

3.

the legal and regulatory arrangements to be notified to certain authorities or bodies or to appear there in person;

4.

to present, issue and hand over its passport or phrase to the authorities responsible for the implementation of this law;

5.

all necessary documents and other documents which are in its possession to be presented, handed out and handed over to the authorities responsible for carrying out this law;

6.

in the case of the non-possession of a valid passport or register, to participate in the procurement of an identity document;

7.

to tolerate the mandatory recognition service measures.

(3) Required documents and other documents referred to in paragraph 2 (5) shall be in particular:

1.

all documents and documents which, in addition to the passport or phrase, may be of importance for the identification of identity and nationality,

2.

visas, residence permits and other border crossing documents issued by other States,

3.

Tickets and other tickets,

4.

Documents relating to the travel route from the country of origin to the territory of the Federal Republic, the means of transport used and the stay in other countries after departure from the country of origin and before entering the territory of the Federal Republic of Germany, and

5.

any other documents and documents to which the foreigner is based, or the documents relating to the decisions and measures to be taken for the purposes of asylum and foreign law, including the determination and assertion of the possibility of repatriation in a other states of importance.

(4) The authorities responsible for the implementation of this law may search the foreigner and the goods carried by him if the foreigner does not comply with his obligations under paragraph 2 (4) and (5) and if there is evidence that: it is in possession of such documents. The foreigner can only be searched by a person of the same sex. (5) By the withdrawal of the asylum application, the cooperation obligations of the foreigner are not terminated. Unofficial table of contents

Section 16 Backup, identification and verification of identity

(1) The identity of a foreign person seeking asylum shall be secured by means of recognition services, unless he/she is not yet the subject of the 14. Year of life has been completed. According to the first sentence, only light images and prints of all ten fingers may be recorded. In order to determine the country of origin or region of origin of the host, the spoken word may be recorded on sound or data carriers outside the formal hearing of the broadcaster. This survey may only be carried out if the foreigner has previously been informed of this. The language recordings shall be kept at the Federal Office. (1a) For the purpose of checking the authenticity of the document or the identity of the outlander, the documents on the electronic storage medium of a passport, recognised register or other Identity documents stored biometric and other data are read out, the required biometric data is collected and the biometric data are compared with each other. Biometric data according to the first sentence are only the fingerprints, the photograph and the iris pictures. (2) The Federal Office and, if the foreigner is seeking asylum there, the Federal Office shall be responsible for the measures referred to in paragraphs 1 and 1a, even those in the sections 18 and 19 of this Article. (3) The Federal Criminal Police Office shall assist in the evaluation of the data collected in accordance with the first sentence of paragraph 1 for the purpose of determining the identity of the person. For this purpose, it may also use recognition service data stored by him in order to fulfil his duties. The Federal Criminal Police Office shall not communicate to the authorities referred to in paragraph 2 the reason for the storage of such data, insofar as this is not permitted under other legislation. (4) The data collected in accordance with the first sentence of paragraph 1 shall be transferred from the (4a) The data collected in accordance with the first sentence of paragraph 1 may be transferred to the Federal Administrative Office for the purpose of determining the identity or nationality of the host country, in order to: to match them with the data in accordance with § 49b of the Residence Act. § 89a of the Residence Act shall apply. (5) The processing and use of the data collected pursuant to paragraph 1 shall also be permitted for the determination of the identity or assignment of evidence for the purposes of the criminal proceedings or to the Security. The data may also be used for the identification of unknown or missing persons. (6) The data collected pursuant to paragraph 1 shall be 10 years after the asylum procedure has been completed, and the data collected under paragraph 1a shall be immediately after the completion of the verification of the authenticity of the document or the identity of the outlander. Unofficial table of contents

§ 17 Language investigators

(1) If the foreigner of the German language is not sufficiently familiar, an interpreter, translator or other language investigator shall be added by the Office at the hearing, who shall be in the native language of the foreigner or in another language. (2) The foreigner is entitled to add to his/her expenses also a suitable language investigator of his/her choice.

Subsection 2
Initiation of the asylum procedure

Unofficial table of contents

Section 18 Tasks of the Border Authority

(1) A foreigner seeking asylum from an authority (border authority) responsible for police control of cross-border traffic shall be immediately sent to the competent authority or, where it is not known, to the nearest Member State. (2) The foreigner is to be refused entry if:

1.

he is entering from a safe third country (Article 26a),

2.

There is evidence that another State is responsible for the implementation of the asylum procedure under the legislation of the European Community or of an international treaty, and that an up-or-coming recovery procedure is initiated, or

3.

it constitutes a danger to the general public because it has been convicted in the Federal Republic of Germany of a sentence of imprisonment of at least three years for a particularly serious criminal offence, and its exit no longer than three years ago.

(3) The foreigner shall be deported if it is found by the border authority in the near-border area in a direct temporal relationship with an unauthorised entry and the conditions set out in paragraph 2 are fulfilled. (4) From the Refusal of entry or repatriation shall be due in the case of entry from a safe third country (Article 26a), to the extent that:

1.

the Federal Republic of Germany is responsible for the implementation of an asylum procedure under the legislation of the European Community or of an international treaty with the safe third country; or

2.

The Federal Ministry of the Interior has ordered it for international legal or humanitarian reasons or for the protection of the political interests of the Federal Republic of Germany.

(5) The border authority has to treat the foreigner in recognition of the service.

Footnote

§ 18 para. 2 no. 1: compatible with GG (100-1). BVerfGE v. 14.5.1996 I 952-2 BvR 1938/93 u. 2 BvR 2315/93- Unofficial table of contents

Section 18a Procedure for entry on the airway

(1) In the case of foreigners from a safe country of origin (§ 29a) who wish to enter via an airport and seek asylum from the border authority, the asylum procedure must be carried out before the decision on entry, in so far as the accommodation is on the airport is not possible during the procedure, or is not possible only because of a required hospital treatment. The same applies to foreigners who seek asylum from the border authority at an airport and do not have a valid passport or register. The foreigner shall immediately be given the opportunity to submit an application for asylum to the office of the Federal Office of the Federal Office, which is assigned to the border inspection post. The Federal Office's personal interview with the Ausländer should take place immediately. The foreigner must then immediately be given the opportunity to contact a legal counsel of his/her choice, unless he has insured himself in advance of his/her own legal assistance. § 18 (2) remains unaffected. (2) If the Federal Office disclaims the application for asylum as manifestly unfounded, it threatens the deportation to the foreigner in accordance with § § 34 and 36 (1) in the case of entry. (3) If the application for asylum is deemed to be clearly refused entry, is to refuse entry to the foreigner. The decisions of the Federal Office are to be sent by the border authority together with the refusal of entry. It shall immediately send the competent administrative court a copy of its decision and the administrative procedure of the Federal Office. (4) A request for provisional legal protection under the Administrative Court order shall be within three days after notification of the decisions of the Federal Office and the border authority. The application may be submitted to the border authority. The foreigner is to be reminded of this. Section 58 of the Administrative Court shall be applied accordingly. The decision is to be taken by written procedure. Section 36 (4) shall apply. In the event of a timely application, the refusal of entry may not be carried out before the court decision (§ 36 para. 3 sentence 9). (5) Any application pursuant to paragraph 4 shall be directed at the granting of entry and for the case of entry into the country of entry into the country of residence. against the threat of deportation. The order of the court to allow the foreigner to enter the country shall also be deemed to be a suspension of deportation. (6) To allow the foreigner to enter the country, if:

1.

the Federal Office of the Border Authority informs the Office that it cannot decide in the short term,

2.

the Federal Office has not decided on the application for asylum within two days of the date on which the application for asylum has been submitted,

3.

the Court of First Instance did not decide within fourteen days of an application referred to in paragraph 4, or

4.

the border authority does not provide an application for a detention pursuant to section 15 (6) of the Residence Act, or the judge rejects the order or the extension of the detention.

Footnote

is compatible with GG (100-1). BVerfGE v. 14.5.1996 I 952-2 BvR 1516/93- Unofficial table of contents

§ 19 Tasks of the Foreigners ' Office and the Police

(1) In the cases referred to in Article 14 (1), a foreigner who is seeking asylum from a aliens authority or the police of a country shall be immediately referred to the competent or, if not known, to the nearest reception facility. (2) The aliens authority and the police have to treat the foreigner recognition service (§ 16 para. 1). (3) A foreigner who has entered unauthorised from a safe third country (§ 26a) can, without prior forwarding, to A reception facility in accordance with § 57 (1) and (2) of the Residence Act to be pushed back. In this case, the Foreigners Registration Office shall order the deportation as soon as it is established that it can be carried out. (4) Rules concerning the arrest or detention shall remain unaffected. Unofficial table of contents

§ 20 forwarding to a reception facility

(1) The foreigner is obliged to follow the forwarding in accordance with Section 18 (1) or § 19 (1) without delay or up to a date specified by the authority. (2) If the foreigner comes after the application of an asylum application, the obligation under paragraph 1 shall be fulfilled. 1 intentionally or grossly negligently not according to, the same applies to a later application for asylum § 71. By way of derogation from § 71 (3) sentence 3, a hearing shall be carried out. In the case of these legal consequences, the foreigner shall be informed by the authority in which he is seeking asylum, in writing and against receipt of the receipt. If the information referred to in the third sentence cannot be made, the foreigner shall be accompanied by the host institution. (3) The authority which forwards the foreigner to a reception facility shall immediately inform the foreigner of the status of the asylum application. and the notice referred to in the third sentence of paragraph 2, in writing. The host institution shall immediately inform the national office of the Federal Office of whether the foreigner has been accepted in the host institution, no later than one week after the date of receipt of the notification in accordance with the first sentence of sentence 1. and shall forward the communication in accordance with the first sentence. Unofficial table of contents

Section 21 Preservation and transfer of documents

(1) The authorities which pass on the foreigner to a reception facility shall take the documents referred to in Article 15 (2) (4) and (5) into custody and shall immediately forward them to the host institution. (2) If the foreigner has a direct contact with the receiving institution responsible for his admission, the foreigner shall keep the documents in custody. (3) The competent authority responsible for the accommodation of the foreigner shall be responsible for the The documents shall be sent to the foreigner at the request of the documents of the documents received in custody. (5) The documents shall be returned to the foreigner. if they are responsible for the further implementation of the asylum procedure or for No longer required measures are required. Unofficial table of contents

Section 22 Reporting obligation

(1) A foreigner who has to submit an application for asylum to a branch office of the Federal Office (§ 14 para. 1) has to register in person in a reception facility. In the case of forwarding, the foreigner shall, as far as possible, be treated as recognition service. (2) The Land Government or the authority designated by it shall be forwarded to the receiving institution responsible for the reception of the holder. can determine that

1.

the notification referred to in paragraph 1 must be notified to a specific reception facility;

2.

A foreigner forwarded by a host institution of another country must first visit a particular reception facility.

The foreigner must be treated in recognition service during his/her stay in the reception facility determined in accordance with the first sentence. In the cases of § 18 (1) and § 19 (1), the foreigner shall be sent to this host institution. (3) The foreigner shall be obliged to transfer to the receiving institution responsible for him in accordance with the second sentence of paragraph 1 or paragraph 2. without delay or up to a date referred to it by the host institution. If the foreigner does not comply with the obligation pursuant to sentence 1 intentionally or with gross negligence, Section 20 (2) and (3) shall apply mutationally. The foreigner must be informed of these legal consequences by the receiving institution in writing and against receipt of the receipt. Unofficial table of contents

Section 22a Adoption of an asylum procedure

A foreigner who has been taken over to carry out an asylum procedure under the law of the European Community or an international treaty, is the same as a foreigner who is seeking asylum. The foreigner is obliged to go to the post at or without delay after entry, which is designated by the Federal Ministry of the Interior or the body designated by him.

Subsection 3
Procedure at the Federal Office

Unofficial table of contents

Section 23 Application to the branch office

(1) The foreigner, who is admitted to the host institution, is obliged to appear in person at the office of the Federal Office of the Federal Office for the position of the application for asylum immediately or at the date specified by the host institution. (2) the foreigner does not comply with the obligation referred to in paragraph 1 intentionally or with gross negligence, the same applies to a later application for asylum in accordance with § 71. By way of derogation from § 71 (3) sentence 3, a hearing shall be carried out. The foreigner must be informed of these legal consequences by the receiving institution in writing and against receipt of the receipt. The host institution shall immediately inform the Federal Office of the Federal Office of the Federal Office for the reception of the host in the host institution and the reference made in accordance with sentence 3. Unofficial table of contents

Section 24 Duties of the Federal Office

(1) The Federal Office shall clarify the facts and collect the necessary evidence. After the application for asylum, the Federal Office shall inform the foreigner in a language, the knowledge of which can reasonably be assumed, of the procedure and of his/her rights and obligations in the proceedings, and in particular of the procedure referred to in Time limits and the consequences of a deadline for failure to meet. It has to listen to the foreigner in person. A hearing may be waited if the Federal Office wishes to recognise the foreigner as entitled to asylum, or if the foreigner has entered from a safe third country (§ 26a) according to his/her information. A hearing may also be waited if the Federal Office wishes to grant an application for asylum restricted pursuant to Article 13 (2) sentence 2. The hearing must be disguised if the application for asylum for a child born in the territory of the Federal Republic of Germany is less than six years old and the facts are sufficiently clear on the basis of the content of the procedural acts of the parents or of a parent. (2) The Federal Office also has the responsibility of determining whether a deportation ban is available under Section 60 (5) or (7) of the Residence Act. (3) The Federal Office shall inform the Foreigners ' Office without delay.

1.

the decision taken and

2.

Reasons given by the foreigner or otherwise recognizable by the foreigner

a)

suspension of the removal, in particular the need to obtain the documents required for repatriation, or

b)

which, pursuant to Article 25 (3), second sentence, points 1 to 4 of the Residence Act, could be contrary to the granting of a residence permit.

(4) When a decision on the application for asylum does not take place within six months, the Federal Office shall inform the foreigner on request until when it is likely to decide on his/her application for asylum. Unofficial table of contents

Section 25 Hearing

(1) The foreigner must himself carry out the facts which justify his fear of persecution or the danger of serious damage to him, and make the necessary information. The required information also includes those relating to residences, travel routes, stays in other States and whether a procedure with the aim of recognition as a foreign refugee already exists in other States or in the Federal Republic of Germany, (2) The foreigner shall disclose all other facts and circumstances which may result in a deportation or deportation to a person in the country of residence. a certain state. (3) A later advance of the expo can be shall be disregarded, if otherwise the decision of the Federal Office would be delayed. The foreigner is to be informed of this and to § 36 para. 4 sentence 3. (4) In the case of a foreigner who is obliged to reside in a reception facility, the hearing is to be carried out in a time-related context with the asylum application. There is no need for a special load on the part of the expat and his authorised representative. The same applies if the foreigner is informed of the date of the hearing at or within one week after the date of application. If the hearing cannot take place on the same day, the foreigner and his authorised representative shall be notified immediately of the hearing date. If the foreigner does not appear to be heard without an adequate excuse, the Federal Office shall decide according to the file situation, taking into account also the non-participation of the foreigner. (5) In the case of a foreigner who is not obligated, the Federal Office shall take into account the non-participation of the foreigner. If the foreigner does not follow a summons to the hearing without an adequate apology, it may be waiving the personal hearing. In such a case, the foreigner shall be given the opportunity to comment in writing within one month. If the foreigner does not express himself within this period, the Federal Office shall decide in accordance with the file situation, whereby the non-participation of the foreigner shall also be appreciated. § 33 shall remain unaffected. (6) The hearing shall not be public. You can take part in the participation of people who are representatives of the Federal Government, a country or the United Nations High Commissioner for Refugees. Other persons may allow the head of the Federal Office or the person appointed by him to be present. (7) The hearing shall include a record containing the main information provided by the host. A copy of the transcript is to be handed out to the foreigner or to be delivered with the decision of the Federal Office. Unofficial table of contents

§ 26 Family asylum and international protection for family members

(1) The spouse or the life partner of an asylum seeker shall be recognised on application as an asylum seeker, if:

1.

the recognition of the person entitled to asylum is unquestionable,

2.

the marriage or civil partnership with the asylum seeker has already existed in the state in which the asylum seeker is politically persecuted,

3.

the spouse or the partner has entered as an asylum-seeker prior to the recognition of the applicant, or he has lodged the application for asylum immediately after entry; and

4.

the recognition of the person entitled to asylum is not to be revoked or withdrawn.

(2) A child of an applicant who is a minor at the time of his/her asylum application shall be recognised as an asylum seeker upon application if the recognition of the applicant as an asylum seeker is unquestionable and that recognition is not (3) The parents of an unmarried minor or another adult within the meaning of Article 2 (j) of Directive 2011 /95/EU shall be recognised on application as an asylum seeker, if:

1.

the recognition of the person entitled to asylum is unquestionable,

2.

the family, within the meaning of Article 2 (j) of Directive 2011 /95/EU, has already existed in the State in which the person entitled to asylum is politically persecuted,

3.

have entered into before the recognition of the person entitled to asylum or have lodged the application for asylum immediately after entry,

4.

the recognition of the person entitled to asylum is not to be revoked or withdrawn; and

5.

they hold the person's order for the asylum seeker.

(4) paragraphs 1 to 3 shall not apply to members of the family within the meaning of these paragraphs, who shall: The requirements of § 60 (8) sentence 1 of the Residence Act or § 3 (2) are fulfilled. Paragraphs 2 and 3 shall not apply to children of a foreign person who has been recognised as an asylum-seeker even in accordance with paragraph 2 or paragraph 3. (5) The provisions of paragraphs 1 to 3 of the members of the family referred to in paragraphs 1 to 3 shall be those of international protection beneficiaries. up to 4. The refugee status or subsidiary protection shall be replaced by the right to asylum. Subsidiary protection as a member of the family is not granted if there is a reason for exclusion in accordance with Article 4 (2). (6) Paragraphs 1 to 5 shall not apply if the foreigner is persecuted by the family member within the meaning of these paragraphs. in the sense of § 3 (1) or a serious damage within the meaning of Section 4 (1), or if he has already been subjected to such persecution or has suffered such serious damage. Unofficial table of contents

Section 26a Safe third countries

(1) A foreigner who has entered from a third country within the meaning of Article 16a (2) sentence 1 of the Basic Law (safe third country) cannot rely on Article 16a (1) of the Basic Law. It is not recognised as an asylum seeker. Sentence 1 shall not apply if:

1.

the foreigner was in possession of a residence permit for the Federal Republic of Germany at the time of his entry into the safe third country,

2.

the Federal Republic of Germany is responsible for the implementation of the asylum procedure under the legislation of the European Community or of an international treaty with the safe third country; or

3.

the foreigner has not been rejected or postponed due to an order pursuant to section 18 (4) no. 2.

(2) In addition to the Member States of the European Union, safe third countries shall be the States designated in Annex I. (3) The Federal Government shall, without the consent of the Federal Council, determine by means of a regulation that a State referred to in Annex I no longer as a safe third country, where changes in the legal or political conditions of that State justify the assumption that the conditions referred to in Article 16a (2), first sentence, of the Basic Law are not required. The Regulation shall not enter into force no later than six months after its entry into force.

Footnote

Article 26a (1) sentence 1 and 2: compatible with GG (100-1). BVerfGE v. 14.5.1996 I 952-2 BvR 1938/93 u. 2 BvR 2315/93- Unofficial table of contents

§ 27 Other security against persecution

(1) A foreigner who has already been safe from political persecution in another third country shall not be recognised as an asylum seeker. (2) If the foreigner is in possession of a safe third country (Article 26a) or another third country A travel document issued under the Convention on the Status of Refugees is presumed to have been safe from political persecution in that State. (3) Has a foreigner in another third country in which he does not have any political persecution threatens to stay in the federal territory for more than three months before entering the federal territory , it is suspected that he was safe there from political persecution. This does not apply if the foreigner proves that a deportation to another state in which he is threatened with political persecution was not to be excluded with sufficient certainty. Unofficial table of contents

§ 27a Jurisdiction of another State

An application for asylum shall be inadmissible if another State is responsible for the implementation of the asylum procedure under the legislation of the European Community or of an international treaty. Unofficial table of contents

Section 28 Reaction stocks

(1) A foreigner shall not normally be recognised as an asylum seeker if the risk of political persecution is based on circumstances which he or she has created after leaving his country of origin, unless this decision is taken by the person responsible for the protection of the asylum seeker. corresponds to a firm conviction, which is already recognizable in the country of origin. Sentence 1 shall not apply in particular if the foreigner has not yet been able to form a firm conviction on the basis of his age and development status in the country of origin. (1a) The well-founded fear of persecution within the meaning of Section 3 (1) or the the actual risk of suffering serious damage within the meaning of Section 4 (1) may be based on events which have occurred after the foreigner has left the country of origin, in particular also on the behaviour of the foreigner, the Expression and continuation of a conviction already existing in the country of origin, or (2) If, after withdrawal or indisputable rejection of an application for asylum, the foreigner again makes an application for asylum and supports it in circumstances which he himself creates after the withdrawal or indisputable rejection of his previous application. , the refugee status cannot normally be granted in a subsequent procedure. Unofficial table of contents

Section 29 Inconsiderable asylum applications

(1) An application for asylum is incontetable if it is clear that the foreigner was already safe in another third country from political persecution and the return to that State or to another State in which he/she is a member of a political party. (2) If repatriation is not possible within three months, the asylum procedure must be continued. The Federal Foreign Office has to inform the Federal Office immediately. Unofficial table of contents

§ 29a Secure State of origin

(1) The application for asylum of a foreigner from a State within the meaning of Article 16a (3), first sentence, of the Basic Law (safe country of origin) is to be rejected as manifestly unfounded, unless the facts indicated by the foreigner or Evidence is based on the assumption that, by way of derogation from the general situation in the country of origin, it threatens political persecution. (2) Safe countries of origin are the Member States of the European Union and the States designated in Annex II. (3) The Federal Government, by means of a regulation without the consent of the Federal Council, that a in Annex II, the State referred to in Annex II shall no longer be deemed to be a safe country of origin if changes in the legal or political conditions of that State justify the assumption that the first sentence of Article 16a (3) of the Basic Law has been adopted. Conditions are not required. The Regulation shall not enter into force no later than six months after its entry into force.

Footnote

§ 29a (1): compatible with GG (100-1). BVerfGE v. 14.5.1996 I 952-2 BvR 1507/93 u. 2 BvR 1508/93- Unofficial table of contents

Section 30 Obviously unsubstantiated asylum applications

(1) An application for asylum is manifestly unfounded if the conditions for recognition as an asylum seeker and the conditions for granting refugee status appear to be unjustified. (2) An asylum application is particularly clearly unfounded if, according to the circumstances of the individual case, it is obvious that the foreigner is to escape only for economic reasons or in order to escape a general emergency situation in the federal territory. (3) an unsubstantiated request for asylum shall be rejected as manifestly unfounded, if:

1.

is not substantiated or in itself contradictory, in substance, does not correspond to the facts or is based on falsified or falsified evidence,

2.

that the foreigner is deceived in the asylum procedure about his or her identity or nationality, or refuses to provide

3.

it has made a further application for asylum or another asylum application pending, with the indication of other persons,

4.

he has lodged an application for asylum in order to avoid any imminent residency, even though he had previously had the opportunity to submit an application for asylum,

5.

he/she has infringed his obligations under Section 13 (3) sentence 2, section 15 (2) (3) to (5) or § 25 (1), unless he has not been responsible for the breach of the duty to co-act, or has been subject to compliance with the obligations of cooperation are not possible for important reasons,

6.

it has been declared enforceable in accordance with § § 53, 54 of the Residence Act, or

7.

for a foreigner who is not able to act in accordance with this law, he or she shall be deemed to be a foreigner in accordance with Section 14a, after previously unquestionably refused applications for asylum by the parents or by the parent who has only the right to be a personal person.

(4) An application for asylum must also be rejected as manifestly unfounded, if the conditions of § 60 (8) sentence 1 of the Residence Act or § 3 (2) are fulfilled. (5) A request made by the Federal Office is also considered to be obvious shall be rejected unfounded if, according to its content, it is not an application for asylum within the meaning of Section 13 (1). Unofficial table of contents

Section 31 Decision of the Federal Office on Asylum Applications

(1) The decision of the Federal Office shall be made in writing. It must be justified in writing and must be notified immediately to the parties concerned with the right of appeal. If no authorised representative has been appointed for the proceedings, a translation of the decision formula and the right of appeal shall be attached in a language, the knowledge of which may reasonably be presumed to be provided; which are granted international protection within the meaning of Article 1 (1) (2) or in which the Federal Office has established a prohibition of deportation pursuant to Section 60 (5) or (7) of the Residence Act, shall be additionally subject to the rights and obligations of , which is the result of this. If the application for asylum is rejected only in accordance with § 26a or § 27a, the decision to be taken together with the deportation order according to § 34a is to be sent to the foreigner. It may also be served by the competent authority for deportation or for the execution of the deportation. If the foreigner is represented by an agent or if he has appointed a person entitled to receive a person, the decision shall be sent to him. (2) In decisions on considerable asylum applications and in accordance with Section 30 (5), the following shall be expressly stated. to determine whether the refugee status or subsidiary protection is granted to the foreigner and whether he is recognised as an asylum seeker. In the cases referred to in the second sentence of Article 13 (2), only the limited application must be decided. (3) In the cases referred to in paragraph 2 and in decisions relating to minor applications for asylum, it must be established whether the conditions of Section 60 (5) or (7) of the Residence law is available. This can be disregarded if the foreigner is recognised as an asylum seeker or if he is granted international protection within the meaning of Article 1 (1) (2). (4) If the application for asylum is rejected only in accordance with Article 26a, it is only possible to establish that the Foreigners are not entitled to asylum due to their entry from a safe third country. In the cases of § 26 (1) to (4), § 26 (5) remains unaffected. (5) If a foreigner is recognised as an asylum-seeker in accordance with § 26 (1) to (3) or is granted international protection within the meaning of § 1 paragraph 1 (2) according to § 26 (5) of international protection, the (6) If the application for asylum in accordance with § 27a is rejected as inadmissible, the foreigner shall be informed in the decision of the other state for the application of the law of residence. Implementation of the asylum procedure.

Footnote

Section 31 (4) sentence 1: compatible with GG (100-1). BVerfGE v. 14.5.1996 I 952-2 BvR 1938/93 u. 2 BvR 2315/93- Unofficial table of contents

Section 32 Decision on withdrawal of the application or waiver

In the event of the withdrawal of the application or of the waiver in accordance with Section 14a (3), the Federal Office shall state in its decision that the asylum procedure is set and whether there is a ban on deportation pursuant to Section 60 (5) or (7) of the Residence Act. In the cases of § 33, it is necessary to decide according to the file situation. Unofficial table of contents

Section 32a Ruhen of procedure

(1) The asylum procedure of an applicant shall be based as long as it is granted temporary protection in accordance with Section 24 of the Residence Act. As long as the procedure rests, the legal status of the foreigner is not governed by this law. (2) The application for asylum is deemed to be withdrawn if the foreigner does not have the right to stay within one month after the expiry of the period of validity of his residence permit. Federal Office indicates that he intends to continue the asylum procedure. Unofficial table of contents

§ 33 Non-operation of the procedure

(1) The application for asylum shall be deemed to be withdrawn if the foreigner does not operate the procedure for more than one month despite the Federal Office's request. (2) The application for asylum shall also be deemed to be withdrawn if the foreigner has travelled to his/her country of origin during the asylum procedure. (3) The foreigner shall be subject to the following conditions: Border refused if it was found on entry that he had travelled to his country of origin during the asylum procedure and that, therefore, the application for asylum referred to in paragraph 2 was deemed to be withdrawn. A decision of the Federal Office pursuant to § 32 does not need to be taken. § 60 (1) to (3) and (5) and § 62 of the Residence Act shall apply accordingly.

Subsection 4
End of stay

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Section 34 Deportation Threat

(1) The Federal Office shall, in accordance with § § 59 and 60 (10) of the Residence Act, issue a written threat of deportation if:

1.

the foreigner is not recognised as an asylum seeker,

2.

the foreigner is not granted refugee status,

2a.

the alien is not granted subsidiary protection,

3.

the conditions laid down in § 60 (5) and (7) of the Residence Act are not available or the deportation is exceptionally permissible irrespective of the existence of the conditions of § 60 (7) sentence 1 of the Residence Act and

4.

the foreigner does not have a residence permit.

A hearing of the foreigners before the removal of the deportation threat is not required. Moreover, the immigration authority remains responsible for decisions pursuant to § 59 (1) sentence 4 and paragraph 6 of the Residence Act. (2) The threat of deportation is to be linked to the decision on the application for asylum. If no authorised representative has been appointed for the proceedings, the decision-making formula of the threat of deportation and the right of appeal to the foreigner shall be translated into a language, the knowledge of which can reasonably be assumed. Unofficial table of contents

§ 34a Deportation order

(1) If the foreigner is to be deported to a safe third country (§ 26a) or to a state responsible for the implementation of the asylum procedure (§ 27a), the Federal Office shall assign the deportation to that State as soon as it is established that it can be carried out. This shall also apply where the foreigner makes the application for asylum in another Member State responsible for the application of the asylum procedure under the legislation of the European Union or of an international treaty, or before the decision of the Federal Office. (2) Applications pursuant to § 80 (5) of the Administrative Court against the deportation order must be submitted within one week of the announcement. The deportation is not allowed before the court decision is filed at the time of filing a court order.

Footnote

§ 34a: compatible with GG (100-1). BVerfGE v. 14.5.1996 I 952-2 BvR 1938/93 u. 2 BvR 2315/93- Unofficial table of contents

Section 35 Threat of deportation in the event of inconsiderable application of the asylum application

In the cases of § 29 para. 1, the Federal Office of Foreign Affairs threatens to expel the foreigner from the state in which he was safe from prosecution. Unofficial table of contents

§ 36 Procedure in the event of inaccuracy and obvious unjustifiability

(1) In the cases of inaccuracy and the obvious lack of justification of the application for asylum, the period of exit to which the foreigner is entitled shall be one week. (2) The Federal Office shall send a copy to the parties concerned with the notification of the decision. of the content of the Asylakte. The administrative procedure must be forwarded without delay to the competent administrative court with proof of service. (3) Applications pursuant to § 80 (5) of the Administrative Court against the threat of deportation shall be submitted within one week after the date of the request. To submit the application, the application shall be accompanied by the decision of the Federal Office. The foreigner is to be reminded of this. Section 58 of the Administrative Court shall be applied accordingly. The decision is to be taken by written procedure; an oral hearing in which the proceedings are negotiated at the same time is inadmissible. The decision shall be taken within one week of the end of the period referred to in paragraph 1. The board of the administrative court may extend the period after sentence 5 by one additional week. The second extension and further extensions shall be admissible only if there are serious reasons, in particular where an exceptional burden on the court does not make an earlier decision possible. The deportation is not allowed before the court decision is filed at the time of filing a court order. The decision has been taken if the fully signed decision-making formula of the office of the board is available. (4) The suspension of the deportation may only be ordered if serious doubts as to the legality of the attacked Administrative act. The facts and evidence not specified by the parties concerned shall not be taken into account unless they are known to the courts or are manifestly. A claim which has not been taken into account in the administrative proceedings pursuant to section 25 (3), as well as facts and circumstances within the meaning of section 25 (2), which the foreigner did not specify in the administrative procedure, may leave the court unaccounted for, if otherwise the decision would be delayed. Unofficial table of contents

Section 37 Further proceedings in the case of uphold court decision

(1) The Federal Office's decision on the invalidity of the application and the threat of deportation shall be ineffective if the Administrative Court complies with the application pursuant to Section 80 (5) of the Administrative Court order. The Federal Office has the right to continue the asylum procedure. (2) In the event of an application for asylum rejected as manifestly unfounded, the Administrative Court disclaims the application pursuant to Section 80 (5) of the Administrative Court order, the period of expiry shall expire 30 days after the date of the request for asylum. (3) The provisions of paragraphs 1 and 2 shall not apply if, on the basis of the decision of the Administrative Court, the deportation to one of the States designated in the threat of deportation is enforceable. Unofficial table of contents

§ 38 Departure period for any other refusal and acceptance of the application for asylum

(1) In the other cases in which the Federal Office does not recognise the foreigner as an asylum-seeker, the exit period to be set by the foreigner shall be 30 days. In the case of a plea, the period of departure ends 30 days after the incontestable conclusion of the asylum procedure. (2) In case of withdrawal of the application for asylum before the decision of the Federal Office, the period of exit to be used for the foreigner shall be a (3) In the event of withdrawal of the application for asylum or the application or waiver of the application of the asylum procedure in accordance with Section 14a (3), the foreigner may be granted an exit period of up to three months if he or she is voluntary. Exit declared ready. Unofficial table of contents

§ 39 (omitted)

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Section 40 Information of the Foreigners ' Office

(1) The Federal Office shall immediately inform the aliens authority in whose district the foreigner is to reside, of a possible deportation threat, and shall immediately forward all documents necessary for the deportation. The same shall apply if the administrative court has ordered the suspensive effect of the action on the grounds of the conditions laid down in Article 60 (5) or (7) of the Residence Act only with regard to the deportation to the State in question and the The Federal Office shall immediately inform the Foreigners ' Office if the Administrative Court orders the suspensive effect of the action against the threat of deportation in the cases of Section 38 (2). (3) If the Federal Office informs the foreigner of the deportation order (§ 34a), the competent authority responsible for the deportation shall immediately be notified of the delivery. Unofficial table of contents

§ 41 (omitted)

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§ 42 Binding effect of foreign-law decisions

The immigration authority is bound by the decision of the Federal Office or of the Administrative Court on the existence of the conditions of § 60 (5) or (7) of the Residence Act. The Foreigners Authority decides on the subsequent entry and omission of the requirements of § 60 (4) of the Residence Act, without requiring the decision of the Federal Office to be lifted. Unofficial table of contents

Section 43 enforceability and suspension of deportation

(1) If the foreigner was in possession of a residence permit, a deportation threat, which can be enforced in accordance with the provisions of this law, must be completed only if the foreigner is also enforceable in accordance with Section 58 (2) sentence 2 of the Residence Act (2) If the foreigner has applied for the extension of a residence permit with a total duration of more than six months, the threat of deportation will only be carried out with the rejection of this application. In addition, § 81 of the Residence Act does not preclude deportation. (3) If family members have filed an application for asylum at the same time or in each case immediately after their entry, the immigration authority shall be entitled to the immigration authority. Temporarily suspend deportation in order to allow for the family's common exit. It shall issue to the foreigner a certificate of suspension of the deportation. Unofficial table of contents

§ 43a (omitted)

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§ 43b (omitted)

Section 5
Placement and distribution

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Section 44 Creation and maintenance of reception facilities

(1) Countries are required to provide and maintain the reception facilities required for the accommodation of asylum seekers and, in accordance with their reception rates, to have access to the asylum seeker in respect of the monthly access to the asylum seeker's (2) The Federal Ministry of the Interior, or the body designated by it, shall each month inform the countries of the number of applications for asylum seeker, the likely development and the expected demand for accommodation places. (3) § 45 of the Eighth Book of Social Code Book (Article 1 of the Law of 26 June 1990, BGBl. 1163) shall not apply to reception facilities. Unofficial table of contents

§ 45 Reception rates

By agreement, the countries can set a key for the reception of asylum seekers by the individual countries (reception rate). Up to the date of the agreement or omission of this agreement, the rate of reception shall be determined for the calendar year in accordance with the key published by the Office of the Joint Science Conference in the Federal Gazette, which shall cover the following calendar year: the previous calendar year has been calculated in accordance with the tax revenue and population of the countries (Königstein key). Unofficial table of contents

Section 46 Determination of the competent host institution

(1) The host institution in which he has registered is responsible for the accommodation of the host if it has a free accommodation place within the quota according to § 45 and the branch office of the Federal Office of the Federal Office for Asylum from the country of origin of the country of origin. If these conditions are not met, the host institution designated in accordance with paragraph 2 shall be responsible for the reception of the host. (2) A central distribution centre designated by the Federal Ministry of the Interior shall designate at the instigation of a central distribution agency. Receiving device for the receiving device which is responsible for the reception of the extension. The recording quotas according to § 45, in this context, the existing vacant accommodation places and then the processing possibilities of the respective branch office of the Federal Office in relation to the countries of origin of the foreigners are decisive. From a number of reception facilities eligible for it, the nearest one is designated as responsible. (3) The host institution responsible for the reception shall communicate to the central distribution centre only the number of non-nationals, indicating the countries of origin. Foreigners and their family members within the meaning of § 26 (1) to (3) shall be reported as a group. (4) Countries shall ensure that the central distribution centre is at any time necessary for the determination of the competent reception facility. Information, in particular on access and departure, occupancy level and all vacant accommodation places of each accommodation facility. (5) The State Government or the body designated by it shall designate the central distribution centre to the competent authority. Reception facility in case the country is in accordance with the quota system It is obliged to do so and does not have a free accommodation place in the reception facilities. Unofficial table of contents

Section 47 Stay in reception facilities

(1) Foreigners who have to submit the application for asylum to a branch office of the Federal Office (§ 14 para. 1) are obliged to live up to six weeks, but not more than three months, in the receiving institution responsible for their admission. The same applies in the cases of § 14 (2) sentence 1 (2), if the conditions of this provision are not fulfilled before the decision of the Federal Office. (2) If the parents of an underage child are obliged to take part in a reception facility, (3) For the duration of the obligation to reside in a reception facility, the foreigner is obliged to do so for the competent authorities and courts. to be reachable. (4) The host institution has the foreigner within 15 days after the application for asylum, in writing as far as possible in writing and in a language, the knowledge of which can reasonably be assumed, in accordance with his rights and obligations under the law on the application of asylum seekers ' services. In the reference to the first sentence, the host institution shall also designate who can provide legal assistance to the foreigner and which associations can advise the foreigner of their accommodation and medical care. Unofficial table of contents

Section 48 Termination of the obligation to reside in a reception facility

The obligation to reside in a reception facility shall end before the end of three months if the foreigner

1.

is obliged to take home in another place or in another accommodation,

2.

is recognised as an asylum-seeker or has been granted international protection within the meaning of Article 1 (1) (2), or

3.

after the application by marriage in the Federal Republic of Germany the conditions for a right to be granted a residence permit in accordance with the Residence Act are fulfilled.

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Section 49 Dismissal from the host institution

(1) The obligation to reside in the host institution shall be terminated if a deportation threat is enforceable and the deportation is not possible in the short term or if the foreigner has a residence permit pursuant to section 24 of the Residence Act (2) The obligation may be terminated for reasons of public health care and for other reasons of public security or order, or for other compelling reasons. Unofficial table of contents

§ 50 Internal distribution

(1) Foreigners shall be released immediately from the reception facility and shall be distributed within the country if the Federal Office informs the competent state authority that:

1.

cannot or cannot be decided in the short term, that the application for asylum is inadmissible, unreasonable or manifestly unfounded, and whether the conditions of § 60 (5) or (7) of the Residence Act in the person of the expat or of a for the members of his family within the meaning of Article 26 (1) to (3); or

2.

the Administrative Court has ordered the suspensive effect of the action brought against the decision of the Federal Office.

A distribution can also take place if the foreigner is no longer obliged to reside in the host institution for other reasons. (2) The Land Government or the body designated by it is authorized to distribute the distribution by means of a legal regulation. (3) Within a period of three working days, the competent authority shall inform the Federal Office of the district of the aliens authority in which the foreigner is to be allocated an apartment after a distribution. (4) The competent State authority shall adopt the decision to grant the assignment. The assignment decision must be issued in writing and provided with a right of appeal. It does not require any justification. A hearing of the expo does not need it. In the case of the allocation, the household community shall be taken into account by members of the family within the meaning of section 26 (1) to (3) or other humanitarian reasons of comparable weight. (5) The allocation decision shall be granted to the foreigner himself. If the foreigner is represented by an authorised representative or if he has appointed a receiving agent, an imprint of the assignment decision shall also be sent to him. (6) The foreigner shall immediately become the person in the Statement of allocation shall be issued. Unofficial table of contents

§ 51 Cross-country distribution

(1) If a foreigner is not obliged or no longer obliged to reside in a reception facility, the household community of family members within the meaning of section 26 (1) to (3) or other humanitarian reasons shall also be of comparable weight (2) The distribution referred to in paragraph 1 shall be made at the request of the exportor. The application shall be made by the competent authority of the country in respect of which the further stay is requested. Unofficial table of contents

§ 52 Quotenaninvoice

The admission of asylum seekers in the cases of § 14 (2) sentence 1 (3), § 14a and § 51 is credited to the quotas in accordance with § 45. Unofficial table of contents

Section 53 Accommodation in Community accommodation

(1) Foreigners who have lodged an application for asylum and who are not or no longer obliged to reside in a host institution shall normally be accommodated in Community accommodation. The public interest as well as the interests of the foreigner must be taken into account. (2) An obligation to reside in a community accommodation ends when the Federal Office recognises a foreigner as an asylum seeker or a court The Federal Office has committed itself to recognition, even if an appeal has been filed, provided that the foreigner is able to prove that there is other accommodation and that the public sector does not result in additional costs. The same shall apply if the Federal Office or a court has granted international protection to a foreigner within the meaning of Section 1 (1) (2). In the cases of sentences 1 and 2, the obligation shall also end for the members of the family within the meaning of Article 26 (1) to (3) of the alien. (3) § 44 (3) shall apply accordingly. Unofficial table of contents

Section 54 Information of the Federal Office

The aliens authority in whose district the foreigner has to stop, shall immediately inform the Federal Office of

1.

the address-capable address of the exportor,

2.

a call for tenders for the determination of their residence

with.

Section 6
Right of residence during the asylum procedure

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Section 55 Residence refund

(1) A foreigner seeking asylum is permitted to carry out the asylum procedure for a stay in the territory of the Federal Republic of Germany (residence refund). He is not entitled to stay in a particular country or place. In the case of unauthorised entry from a safe third country (§ 26a), the foreigner acquires the residence refund with the status of an asylum application. (2) With the status of an asylum application, an exemption from the requirement of an asylum application shall be extinguissed. Residence permits and a residence permit with a total period of validity of up to six months, as well as the effects of an application for a residence permit, referred to in § 81 (3) and (4) of the Residence Act. Section 81 (4) of the Residence Act shall remain unaffected if the foreigner has a residence permit with a total period of validity of more than six months and has requested the renewal thereof. (3) Insofar as the acquisition or exercise of a right or a discount on the duration of the stay in the territory of the Federal Republic of Germany, the period of stay referred to in paragraph 1 shall be counted only if the foreigner is recognised as an asylum seeker or if international protection within the meaning of § 1 Point 2 of paragraph 1. Unofficial table of contents

§ 56 Spatial restriction

(1) The residence refund shall be limited to the district of the aliens authority in which the host institution responsible for the accommodation of the foreigner is situated. (2) If the foreigner is obliged to take part in the district of another To take a foreign authority, the residency is limited to the district's district. (3) (to be taken away) Unofficial table of contents

Section 57 Leaving the residence area of a reception facility

(1) The Federal Office may allow a foreigner who is obliged to reside in a reception facility to leave the scope of the residence permit temporarily if compelling reasons require it. (2) To exercise appointments (3) The foreigner may have appointments to the authorities and to the authorities of the United Nations High Commissioner for Refugees (UNHCR) and organisations dealing with refugee care. (3) Courts in which his personal appearance is required without Permission to perform. He has to show these dates of the receiving institution and the Federal Office. Unofficial table of contents

Section 58 Leaving an assigned residence area

(1) The aliens authority may allow a foreigner who is not or no longer obliged to reside in a host institution to temporarily leave the scope of the residence permit or to be generally in the district of a to the other immigration authority. Permission shall be granted if there is an urgent public interest, compelling reasons require it or the failure of the permit would imply an undue hardship. Permission is usually granted if an employment permitted in accordance with § 61 (2) is to be exercised or if this is carried out for the purpose of school attendance, in-company training and further training or for studies at a state or state-owned recognised higher education institution or comparable training institution. Permission is required for the consent of the Foreigners Authority, for whose district the general residence is allowed. (2) For the performance of appointments with Plenipotentiaries, with the United Nations High Commissioner for Refugees and with organizations that have (3) The foreigner can take up appointments with the authorities and courts in which his or her personal appearance is required without permission. (4) The foreigner can do so without permission. (4) The foreigner can take the Scope of the residence permit temporarily without permission if a court has obliged the Federal Office to recognise the foreigner as an asylum-seeker, to grant him international protection within the meaning of Article 1 (1) (2) or to fulfil the conditions laid down in § 60 (5) or (7) of the Residence law, even if this decision is not yet unquestionable. The first sentence shall apply to members of the family within the meaning of Article 26 (1) to (3). (5) The aliens authority of a county or a district county may give a foreigner the general permission to stay temporarily in the entire territory of the (6) In order to take account of local conditions, the national governments may, by means of a decree law, determine that non-nationals are temporarily resident in a territory comprising the counties of several aliens ' authorities, the Territory of the country or, where agreement is reached between the parties concerned, National governments are able to stay in the territory of another country. Unofficial table of contents

§ 59 Enforcement of the territorial restriction

(1) The obligation to leave pursuant to Section 12 (3) of the Residence Act may, if necessary, be enforced without threat of use by direct force. Travel and means of transport should be required. (2) The foreigner must be arrested and taken into custody in order to enforce the obligation to leave a judicial order, if the voluntary fulfilment of the duty of leave, including in the (3) The measures referred to in paragraphs 1 and 2 shall be subject to the conditions laid down in Article 59a (2), not secured and otherwise the enforcement of which would be significantly impeded or at risk.

1.

the police forces of the countries,

2.

the border authority, where the foreigner is seeking asylum,

3.

the aliens authority in whose district the foreigner is resident,

4.

the host institution in which the foreigner is reporting, and

5.

the host institution that has taken up the foreigner.

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§ 59a Erdeletion of the spatial restriction

(1) The territorial restriction according to § 56 shall be extinguished if the foreigner has been allowed, tolerated or permitted in the federal territory for three months uninterrupted. (2) Spatial restrictions shall remain in place even after the residency has been extinguished in Force until they are lifted, but at the latest by the date specified in paragraph 1. By way of derogation from the first sentence, territorial restrictions shall be extinguishing if the stay is deemed to be permitted pursuant to Section 25 (1) sentence 3 or § 25 (2) sentence 2 of the Residence Act or a residence permit is issued. Unofficial table of contents

§ 59b Order of the territorial restriction

(1) A spatial restriction of the residence refund may be ordered by the competent immigration authority, irrespective of § 59a (1), if:

1.

the foreigner has been convicted of a criminal offence, with the exception of such offences, the facts of which can only be carried out by foreigners,

2.

Facts justify the conclusion that the foreigner has failed to comply with the provisions of the Narcotics Act, or

3.

Concrete measures to end the residence against the foreigner are imputable.

(2) § § 56, 58, 59 and 59a (2) shall apply accordingly. Unofficial table of contents

§ 60 Obligations

(1) A foreigner who is not or is no longer obliged to reside in a reception facility and whose livelihood is not secured (Section 2 (3) of the Residence Act) shall be obliged to do so in accordance with § 50 in the distribution decision (4) shall be habituated in the place of habitual residence (seat cover). If there is a cross-national distribution according to § 51, then the residence shall be issued with a view to the whereabout thereafter. The foreigner can leave the place mentioned in the place of residence temporarily without permission. (2) A foreigner who is not obliged or no longer obliged to reside in a reception facility and whose livelihood is not secured (§ 2 (3) of the Residence Act, may be required to:

1.

in a particular community, to live in a particular apartment or accommodation,

2.

to move to a particular community, apartment or accommodation, or

3.

in the district of another foreign immigration office of the same country, to take his habitual residence and accommodation or accommodation.

A hearing of the exporter is required in the cases of the first sentence of sentence 1, if he has been staying for more than six months in the congregation, apartment or accommodation. The hearing shall be deemed to have taken place if the foreigner or his/her legal representative had the opportunity to express their views on the accommodation provided for within two weeks. A hearing shall not be heard if it is contrary to a compelling public interest. (3) The competent national authority in accordance with Section 50 shall be responsible for the measures referred to in the first sentence of paragraph 1. The seat cover shall be connected with the allocation decision in accordance with § 50. The competent authority responsible for the measures referred to in the second sentence of paragraph 1 shall be the competent authority competent pursuant to Article 51 (2), second sentence The place of residence shall be connected with the distribution decision in accordance with § 51 (2) sentence 2. The authorities responsible for the measures referred to in paragraph 2 shall be the Foreigners ' Office in whose district the municipality or the apartment or accommodation to be connected is situated. Unofficial table of contents

§ 61 Employment

(1) For the duration of the obligation to reside in a host institution, the foreigner is not allowed to pursue gainful employment. (2) By the way, an asylum seeker who has been allowed to stay in the federal territory for three months may, by way of derogation from § 4 (3) of the The German Federal Employment Agency (Bundesagentur für Arbeit) has agreed to the right to work if the Federal Employment Agency has consented to work, or if it is determined by means of a regulation that the exercise of employment is permissible without the consent of the Federal Employment Agency. A patient or legal stay will be credited to the waiting period of the first sentence. § § 39 to 42 of the Residence Act shall apply accordingly. Unofficial table of contents

Section 62 Health investigation

(1) Foreigners who have to reside in a reception facility or community accommodation shall be obliged to tolerate a medical examination for communicable diseases, including an X-ray exposure of the respiratory organs. The supreme state health authority or the body designated by it shall determine the scope of the investigation and the doctor who carries out the investigation. (2) The outcome of the investigation shall be communicated to the competent authority for the accommodation. Unofficial table of contents

Section 63 Certificate of residency

(1) After the application for asylum, a foreigner shall be issued within three days a certificate of residence status accompanied by the information on the person and a photograph if he is not in possession of a residence permit. In the case referred to in the second sentence of paragraph 3, the foreigner shall be required to apply for the issuing of the certificate by the competent aliens authority within the time limit laid down in the first sentence of the first sentence. (2) The certificate shall be limited to a limited period. As long as the foreigner is obliged to reside in a reception facility, the period is at least three months and, moreover, six months at the latest. (3) The Federal Office shall be responsible for issuing the certificate as long as the foreigner is obliged to reside in a reception facility. In addition, the immigration authority is responsible for the district where the residence refund is limited. The conditions and changes in the spatial restriction may also be noted by the authority which has it. (4) The certificate shall be recovered if the residency is granted. (5) In addition, § 78a (5) of the Residence Law accordingly. Unofficial table of contents

Section 64

(1) The foreigner is sufficient for the duration of the asylum procedure of his identity card with the certificate of the residency. (2) The certificate does not entice the foreigner to the border crossing. Unofficial table of contents

Section 65 The Passes issue

(1) If the applicant is not required to carry out the asylum procedure and the foreigner holds a residence permit or the immigration authority has a residence permit, the foreigner is to be handed out the passport or the registration of the passport after the application of the asylum application. in accordance with the provisions of other laws, a residence permit is issued. (2) The foreigner may be temporarily suspended from the passport or the passport sentence if this is in the cases of § 58 (1) for a trip or if it is for the extension of the The period of validity or the preparation of the exit of the exportor is required. Unofficial table of contents

Section 66 Call for tenders for the determination of residence

(1) The foreigner may be spelled out in the Central Register of Foreigners and in the police search assistance if his/her whereabouts are unknown and he/she is not known to be a member of the National Central Register.

1.

does not arrive within a week in the host institution to which it has been forwarded,

2.

has left the reception facility and has not returned within a week,

3.

an assignment or a disposition pursuant to section 60 (2) sentence 1 has not been completed within one week, or

4.

under the address indicated or the address of the accommodation in which he/she has to be located, cannot be reached;

the conditions laid down in point 4 shall be met if the foreigner has not received a service provided to the address within a period of two weeks. (2) To arrange for the invitation to tender, the host institution shall be: the immigration authority, in whose district the foreigner has to stop, and the Federal Office. The invitation to tender may only be issued by persons specially authorised for this purpose. Unofficial table of contents

Section 67 Erasing of the residency

(1) The residence refund shall be issued,

1.

if the foreigner is refused or postponed in accordance with section 18 (2) and (3),

1a.

if the foreigner is rejected in accordance with Section 33 (3),

2.

if the foreigner has not yet submitted an application for asylum within two weeks after he has sought asylum,

3.

in the event of withdrawal of the application for asylum, the notification of the decision of the Federal Office,

4.

if a deportation threat issued under this law or pursuant to Section 60 (9) of the Residence Act has become enforceable,

5.

with the announcement of a deportation order pursuant to section 34a,

5a.

with the announcement of a deportation order pursuant to section 58a of the Residence Act,

6.

in any case, if the decision of the Federal Office has become unquestionable.

(2) If the foreigner requests the application for asylum after the expiry of the period referred to in paragraph 1 (2), the residence refund shall enter into force again. Unofficial table of contents

§ 68 (omitted)

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Section 69 (omitted)

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§ 70 (omitted)

Section 7
Follow-up application, confirmation

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Section 71 Follow-up application

(1) If the foreigner restates an application for asylum after the withdrawal or indisputable rejection of an earlier application for asylum (subsequent application), a further asylum procedure shall be carried out only if the conditions of section 51 (1) to (3) of the asylum application are met. The Federal Office of the Federal Republic of Germany is responsible for the examination of the administrative procedure. The same applies to the asylum application of a child, if the representative had waived the application of an asylum procedure in accordance with Section 14a (3). (2) The foreigner has to submit the subsequent application personally to the branch office of the Federal Office, which is the The reception facility in which he was obliged to reside during the previous asylum procedure was assigned. In the cases of § 14 (2) sentence 1 no. 2 or if the foreigner is demonstrably prevented from appearing at the person's personal appearance, the subsequent application must be made in writing. The subsequent application shall be made in writing at the Federal Office's Central Office if:

1.

the external office, which would be responsible under the first sentence, no longer exists;

2.

the foreigner was not obliged to reside in a reception facility during the previous asylum procedure.

§ 19 (1) does not apply. (3) In the subsequent application, the foreigner must indicate his address as well as the facts and evidence from which the existence of the conditions of § 51 (1) to (3) of the Administrative Procedure Act is obtained. Upon request, the foreigner has to make this information in writing. A hearing can be waited. § 10 applies accordingly. (4) The requirements of § 51 (1) to (3) of the Administrative Procedure Act are not applicable, § § 34, 35 and 36 shall apply accordingly; in the case of deportation to a safe third country (§ 26a), § 34a (5) If a foreigner has become enforceable after a deportation threat or order issued following the status of the previous asylum application, the foreigner shall submit a subsequent application which does not lead to the implementation of a further procedure, it shall not be necessary to reinstate the removal of the deportation, and Threat of deportation or arrangement. The deportation may only be carried out after a notice from the Federal Office that the conditions of § 51 (1) to (3) of the Administrative Procedure Act are not available, unless the foreigner is to be deported to the safe third country (6) Paragraph 5 shall also apply if the foreigner had left the Federal territory in the meantime. In the case of an unauthorized entry from a safe third country (§ 26a), the foreigner can be pushed back there pursuant to § 57 (1) and (2) of the Residence Act, without requiring the prior notification of the Federal Office. (7) Was the The residence of the expo during the earlier asylum procedure is limited in space, the last three-dimensional limitation shall continue as long as no other decision is taken. In the cases referred to in paragraphs 5 and 6, foreign law measures shall also be the responsibility of the aliens authority in whose district the foreigner is resident. (8) A subsequent application shall not preclude the order of deportation detention, unless it is accepted that: further asylum procedures. Unofficial table of contents

Section 71a Zweitantrag

(1) If, after the successful conclusion of an asylum procedure in a safe third country (Article 26a), the foreigner is responsible for the legislation of the European Community on the responsibility for the implementation of asylum procedures or with which the foreigner is responsible for the application of the asylum procedure, If the Federal Republic of Germany has concluded an international treaty, an application for asylum in the territory of the Federal Republic of Germany (confirmation), a further asylum procedure shall be carried out only if the Federal Republic of Germany is responsible for the implementation of the Asylum procedure is responsible and the conditions of § 51 (1) to (3) of the § § § 12 to 25, 33, 44 to 54 apply mutah. to the Federal Office. (2) For the procedure to determine whether a further asylum procedure is to be carried out, § § 12 to 25, 33, 44 to 54 shall apply accordingly. The hearing may not be required to the extent that it is not necessary for the determination that no further asylum procedure is to be carried out. Section 71 (8) shall apply accordingly. (3) The residence of the expat shall be deemed to have been tolerated. § § § 56 to 67 apply accordingly. (4) If a further asylum procedure is not carried out, § § 34 to 36, 42 and 43 shall apply accordingly. (5) If the foreigner, after withdrawal or indisputable rejection of a two-way application, provides another Asylum application, applies § 71.

Section 8
Deletion of the legal status

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§ 72 Erdeleting

(1) The recognition as an asylum seeker and the granting of refugee status shall be extinguisher if the foreigner

1.

voluntary, by the acceptance or renewal of a national passport or by other acts, shall be subject once again to the protection of the State of which he is a national,

1a.

have voluntarily returned to the country which he has left for fear of persecution or outside of which he is from fear of persecution, has returned and settled there,

2.

in the event of loss of nationality, has voluntarily regained it,

3.

has acquired a new nationality on application and enjoys the protection of the State of which he is a national, or

4.

renouncing the application or withdrawing the application before the indisputable of the decision of the Federal Office of the Federal Office.

(2) The foreigner has to issue a letter of recognition and a travel pass without delay to the Aliens Department. Unofficial table of contents

Section 73 Revocation and withdrawal of asylum rights and refugee status

(1) The recognition as an asylum seeker and the granting of refugee status shall be revoked without delay if the conditions for them are no longer available. This is particularly the case if, after the circumstances which led to recognition as an asylum seeker or the granting of refugee status have been omitted, the foreigner can no longer oppose the protection of the State in question. nationality, or if he is a stateless person, he is able to return to the country where he had his habitual residence. Sentence 2 shall not apply if the foreigner is able to invoke compelling reasons based on previous prosecutions in order to refuse to return to the State of which he is a national or in which he or she is habituated as a stateless person. (2) The recognition as an asylum-seeker should be withdrawn if it has been granted on the basis of incorrect information or, as a result of the disappearing of essential facts, and if the foreigner is not recognised for other reasons. could. (2a) The examination of whether the conditions for a revocation referred to in paragraph 1 or a withdrawal pursuant to paragraph 2 are fulfilled shall be carried out no later than three years after the date of expiry of the first subparagraph of Article 1 (2) of the Directive. The decision must be indisputable. The result shall be communicated to the Foreigners Registration Office. The aliens authority shall also be informed of the persons deriving their entitlement to asylum or refugee status from the foreigner in accordance with § 26, and whether they have the conditions for withdrawal in accordance with paragraph 2b. If a revocation or a withdrawal is not carried out after the examination, a subsequent decision pursuant to paragraph 1 or paragraph 2 shall be left to the discretion of the person, unless the revocation or withdrawal takes place, because the conditions of § 60 (8) sentence 1 of the (2b) In the cases of § 26 (1) to (3) and (5), recognition as an asylum seeker and the granting of refugee status shall be revoked if the conditions of § 26 (4) sentence 1 exist. Recognition as an asylum-seeker must also be revoked if the recognition of the person entitled to asylum from which the recognition has been derived is cancelled, revoked or withdrawn and the foreigner is not, for any other reason than Asylum seekers could be recognised. In the cases referred to in Article 26 (5), the granting of refugee status shall be revoked if the refugee status of the foreigner, from which the award has been derived, is cancelled, revoked or withdrawn and the foreigner may not be granted refugee status for any other reason. (2c) The liability of the decision on the application for asylum shall be waited for naturalisation procedures up to the stock of revocation or withdrawal. (3) In the case of revocation or withdrawal Withdrawal of recognition as an asylum seeker or the award of the Refugee status shall be decided on whether the conditions for subsidiary protection or the conditions laid down in § 60 (5) or (7) of the Residence Act are met. (4) The intended decision on a revocation or withdrawal According to this provision or in accordance with section 48 of the Administrative Procedure Act, the foreigner must be informed in writing and shall be given the opportunity to submit his observations. He/she may be given an opportunity to express his views in writing within one month. If the foreigner has not spoken within this period, it is to be decided according to the file situation; the foreigner is to be informed of this legal sequence. (5) Communications or decisions of the Federal Office, which set a deadline, are the foreigner (6) If the recognition as an asylum seeker or the granting of refugee status is unquestionably revoked or withdrawn or no longer effective for another reason, § 72 para. 2 shall apply accordingly. (7) (omitted) Unofficial table of contents

Section 73a Foreign recognition as a refugee

(1) If a foreigner who has been recognised by a foreign country as a refugee within the meaning of the Convention on the Status of Refugees, is responsible for issuing the travel document to the Federal Republic of Germany , his legal status shall be deemed to be a refugee in the Federal Republic of Germany, if one of the circumstances referred to in § 72 (1) occurs. The foreigner must immediately hand over the travel document to the aliens authority. (2) The foreigner is deprived of the legal status as a refugee in the Federal Republic of Germany if the conditions for the award of the Refugee status is not available or is no longer available. § 73 shall apply accordingly. Unofficial table of contents

Section 73b Revocation and withdrawal of subsidiary protection

(1) The granting of subsidiary protection shall be revoked if the circumstances which led to the granting of subsidiary protection no longer exist or have changed to a degree that such protection is no longer necessary. (2) For the purposes of applying paragraph 1, account must be taken of the fact that the circumstances have changed so much and not only temporarily that the alien granted subsidiary protection does not actually have any (3) The granting of subsidiary protection should be withdrawn if the foreigner would have been excluded from the granting of subsidiary protection in accordance with Section 4 (2) of this Directive must be or is excluded, or a false representation or the consecting of The facts or the use of falsified documents for the purpose of granting subsidiary protection were decisive. (4) § 73 (2b) sentence 3 and paragraphs 2c to 6 shall apply accordingly. Unofficial table of contents

Section 73c Revocation and withdrawal of deportation prohibitions

(1) The determination of the requirements of § 60 (5) or (7) of the Residence Act shall be withdrawn if it is defective. (2) The determination of the conditions of § 60 (5) or (7) of the Residence Act shall be revoked if the (3) § 73 (2c) to (6) shall apply accordingly.

Section 9
Court proceedings

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Section 74 Klagefrist, refoulement of late introduction

(1) The action against decisions pursuant to this Act must be brought within two weeks of the notification of the decision; if the application is to be filed within one week pursuant to § 80 (5) of the Administrative Court order (§ 36 para. 3 sentence 1), (2) The plaintiff must state the facts and evidence used in the explanatory statement within one month of the date of notification of the decision. Section 87b (3) of the Administrative Court of Justice applies accordingly. The plaintiff shall be informed of the obligation to comply with the first sentence and the consequences of the failure to comply with the time limit. The presentation of new facts and evidence remains unaffected. Unofficial table of contents

Section 75 Suspensive effect of the action

(1) The action against decisions pursuant to this Act shall have suspensive effect only in the cases of Section 38 (1) and § § 73, 73b and 73c. (2) The lawsuit against decisions of the Federal Office with which the recognition as an asylum seeker or the Recognition of refugee status due to the presence of the conditions of § 60 (8) sentence 1 of the Residence Act or of § 3 para. 2 has been revoked or withdrawn has no suspensive effect. This shall apply in the case of claims against the revocation or the withdrawal of the granting of subsidiary protection on the grounds of the conditions laid down in Article 4 (2). Section 80 (2), first sentence, No. 4 of the Administrative Court shall remain unaffected. Unofficial table of contents

§ 76 Single-judge

(1) The Board shall, as a rule, in disputes under this Act, transfer the dispute to one of its members as a single judge for the decision, if the case does not have any particular difficulties of an actual or legal nature, or (2) The legal dispute may not be transferred to the individual judge if an oral hearing has already been carried out before the Chamber, unless a reservation, partial or intermediate judgment has been issued in the meantime (3) The individual judge may, after consulting the parties, refer the case to to transfer the chamber back if it emerges from a substantial change in the process situation that the case is of fundamental importance. A new transfer to the individual judge is excluded. (4) In the proceedings of the provisional legal protection, a member of the chamber decides as a single judge. The individual judge shall transfer the dispute to the Chamber if the case is of fundamental importance or if it wishes to depart from the jurisprudence of the Chamber. (5) A judge on a sample may be appointed in the first six months following his appointment. not be a single judge. Unofficial table of contents

Section 77 Decision of the General Court

(1) In disputes under this Act, the Court of First Instance disclaims the property and legal situation at the time of the last oral proceedings; takes the decision without oral proceedings, is the date in which the decision is taken. . Section 74 (2) sentence 2 remains unaffected. (2) The Court of First Instance considers that the facts of the case and the reasons for the decision are further presented in so far as it follows the findings and the reasons for the contested administrative act and in so far as it does so. The decision shall be determined or, as far as the parties concerned do not agree. Unofficial table of contents

Section 78 Legal remedies

(1) The judgment of the Administrative Court, by which the action in litigation under this Act is dismissed as manifestly inadmissible or manifestly unfounded, shall be unquestionable. This also applies if only the plea against the decision on the application for asylum is deemed to be clearly inadmissible or manifestly unfounded, but the plea for action has, moreover, been dismissed as inadmissible or unfounded. (2) other cases, the person concerned shall be entitled to appeal against the judgment of the Administrative Court, if it is approved by the Administrative Court. The appeal against the judgment of the Administrative Court does not take place. (3) The appeal shall be admissible only if:

1.

the case is of fundamental importance, or

2.

the judgment deviates from a decision of the Supreme Administrative Court, the Federal Administrative Court, the Joint Senate of the Supreme Court of Justice of the Federal Republic of Germany or the Federal Constitutional Court, and is based on this deviation, or

3.

a procedural violation of § 138 of the Administrative Court order is made and is in the process of being present.

(4) The authorisation of the appeal shall be requested within one month of the date of notification of the judgment. The application shall be submitted to the Administrative Court. It must refer to the judgment under appeal. The application shall state the reasons for which the appeal is to be granted. The position of the application inhibits the legal force of the judgment. (5) The Higher Administrative Court decides on the application by a decision which does not require any justification. By rejecting the application, the judgment will become final. If the Higher Administrative Court allows the appeal, the application procedure is continued as an appeal; the filing of an appeal is not required. (6) (omitted) (7) An appeal in accordance with § 84 (2) of the Administrative Court order is within two weeks of the notification of the court order. Unofficial table of contents

Section 79 Special provisions for the appeal procedure

(1) In the proceedings before the Oberverwaltungsgericht (Oberverwaltungsgericht), in relation to statements and evidence which the plaintiff has not brought forward within the period laid down in § 74 (2) sentence 1, § 128a of the Administrative Court Rules accordingly. (2) § 130 (2) and (3) The Administrative Tribunal shall not apply. Unofficial table of contents

Section 80 Exclusion of the complaint

Subject to Section 133 (1) of the Administrative Court, decisions in litigation under this Act cannot be challenged with the appeal. Unofficial table of contents

§ 80a Ruhen of the procedure

(1) In the case of the plea procedure, Section 32a (1) applies accordingly. The rest has no influence on the course of time limits for the filing or justification of legal remedies. (2) The lawsuit is deemed to be withdrawn if the plaintiff does not within one month after the expiration of the period of validity of the residence permit according to § (3) The Federal Office shall immediately inform the General Court of the granting and expiry of the period of validity of the residence permit in accordance with § 24 of the Residence Law. Unofficial table of contents

Section 81 Non-operation of the procedure

The action shall be deemed to be withdrawn in a court proceedings under this Act, if the plaintiff does not operate the proceedings for more than one month despite the court's request. The plaintiff shall bear the costs of the proceedings. In the request, the plaintiff shall be informed of the consequences of the sentence 1 and 2. Unofficial table of contents

Section 82 Inspection of files in proceedings of provisional legal protection

In proceedings of provisional legal protection, access to the file shall be granted at the office of the Court of First Instance. The files may be handed over to the authorized attorney for participation in his home or business premises, if it can be ruled out that the proceedings will be delayed. For the dispatch of files, the second sentence shall apply accordingly. Unofficial table of contents

Section 83 Special Spruchbodies

(1) Disputes under this Act shall be summarised in special cases. (2) In the case of disputes under this Act, the State Governments may form special spruchbodies in accordance with this Act, and shall be subject to the law of the Federal Government. determine their seat. The state governments can transfer the authorization to other places. The sprinkles formed in accordance with the first sentence are intended to have their seat in spatial proximity to the receiving devices. Unofficial table of contents

Section 83a Information of the Foreigners ' Office

The Court of First Instance may give the Foreigners Authority the result of a procedure informally. Unofficial table of contents

§ 83b Legal costs, value of the object

Court costs (fees and expenses) shall not be levied in disputes under this Act.

Section 10
Criminal and penal rules

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Section 84 Guide to the abusive asylum application

(1) Imprisonment of up to three years or a fine shall be punishable by the person who imparts or assists a foreigner in the asylum procedure before the Federal Office or in the judicial procedure, to provide incorrect or incomplete information in order to: (2) In particularly serious cases, the penalty shall be a custodial sentence of up to five years or a fine. A particularly serious case is usually present when the perpetrator

1.

for an act referred to in paragraph 1 to be given an asset benefit or to be promised; or

2.

is repeated or is in favour of more than five foreigners.

(3) With a term of imprisonment of six months to ten years, it shall be punished who in the cases referred to in paragraph 1 shall be punished.

1.

commercial or

2.

as a member of a gang that has committed itself to continuing the commission of such acts,

(4) The experiment shall be punishable. (5) In the cases referred to in paragraph 3 (1), section 73d of the Penal Code shall apply. § § 43a, 73d of the Criminal Code are to be applied in the cases referred to in paragraph 3 (2). (6) Anyone who is committing the act pursuant to paragraph 1 in favour of a family within the meaning of Section 11 (1) (1) of the Penal Code shall be imputed. Unofficial table of contents

Section 84a Commercial and rebellious guidance on the abusive asylum application

(1) A custodial sentence of one year to ten years shall be punished for who, in the cases of Section 84 (1), acts as a member of a gang who has committed itself to continuing the commission of such acts. (2) In minor cases it is punishable by law. the sentence of imprisonment of six months to five years. (3) § § 43a, 73d of the Penal Code shall apply. Unofficial table of contents

Section 85 Other offences

A custodial sentence of up to one year or a fine shall be punished.

1.

Contrary to Section 50 (6), even in conjunction with Section 71a (2) sentence 1, there is no immediate effect on the notified body,

2.

repeats a residence restriction in accordance with § 56 or § 59b (1), also in conjunction with Section 71a (3), contrary to the provisions of Section 71a (3),

3.

a fully-enforceable arrangement in accordance with § 60 (2) sentence 1, also in conjunction with Section 71a (3), not in good time, or

4.

Contrary to Section 61 (1), also in conjunction with Section 71a (3), an employment is exercised.

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Section 86 Penal rules

(1) A foreigner who is contrary to a residence restriction in accordance with § 56 or § 59b (1), in each case also in connection with § 71a (3), acts in an illegal manner. (2) The administrative offence can be carried out with a fine of up to two thousand five hundred euros. can be punished.

Section 11
Transitional and final provisions

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Section 87 Transitional provisions

(1) The following transitional provisions shall apply to the administrative procedure:

1.

Asylum procedures which have already begun must be brought to an end in accordance with current law if, before the entry into force of this Act, the Federal Office has sent its decision to the Foreigners Registration Office for delivery. If the asylum procedure has been successfully concluded before the entry into force of this law, the Federal Office for the decision as to whether there are any deportation obstacles pursuant to Section 53 of the Foreigners Act and for the adoption of a deportation threat only , if a new asylum procedure is carried out.

2.

The Foreigners Authority shall decide on subsequent applications submitted before the entry into force of this Act.

3.

In the case of foreigners who have lodged an application for asylum before the entry into force of this law, the distribution to the countries is governed by the law in force so far.

(2) The following transitional provisions shall apply to remedies and to the judicial procedure:

1.

In the cases referred to in paragraph 1 (1) (1) and (2), the period of application shall be governed by applicable law; the local jurisdiction of the Administrative Court shall be determined in accordance with the third sentence of Article 52 (2) of the Administrative Court of Justice in the period until the date of entry into force of this Regulation. Law in force.

2.

The admissibility of an appeal against an administrative act shall be governed by applicable law if the administrative act has been announced before the entry into force of this Act.

3.

The admissibility of an appeal against a court decision is governed by the law in force until now, if the decision has been promulgated before the entry into force of this law or has been notified of its own motion instead of a proclamation.

4.

If an appeal lodged before the date of entry into force of this Act has suspensive effect, the provisions of this law on the exclusion of the suspensive effect shall not apply.

5.

In a court proceedings before the entry into force of this law, is a request pursuant to Section 33 of the Asylum Procedure Act as amended by the Notice of 9 April 1991 (BGBl. 869), as amended by Article 7 (13) in conjunction with Article 11 of the Law of 12 September 1990 (BGBl I). I p. 2002), this provision shall continue to apply.

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Section 87a Transitional provisions on the occasion of the amendments which came into force on 1 July 1993

(1) Unless otherwise specified in the following provisions, the provisions of this law, with the exception of § § 26a and 34a, shall also apply to foreigners who have lodged an application for asylum before 1 July 1993. § § 27, 29 (1) and (2) shall apply to non-nationals who have entered into or from a Member State of the European Communities or from a State designated in Annex I. (2) The following shall apply to the administrative procedure: Transitional provisions:

1.

§ 10 para. 2 sentence 2 and 3, para. 3 and 4 shall apply if the foreigner has been lectled in writing in this respect.

2.

Section 33 (2) applies only to foreigners who travel to their country of origin after 1 July 1993.

3.

For subsequent applications filed before 1 July 1993, the provisions of Sections 71 and 87 (1) (2) shall apply in the version valid up to that date.

(3) The following transitional provisions shall apply to remedies and to the judicial procedure:

1.

The admissibility of an appeal against an administrative act shall be governed by the law applicable until 1 July 1993, when the administrative act has been notified before that date.

2.

The admissibility of an appeal against a court decision shall be governed by the law applicable until 1 July 1993, if the decision has been promulgated before that date or has been notified of its own motion in lieu of a declaration.

3.

Article 76 (4) shall not apply to proceedings which have been pending before 1 July 1993.

4.

The effectiveness of a transfer to the individual judge which had already been carried out before 1 July 1993 remains unaffected by Section 76 (5).

5.

Section 83 (1) shall not apply until 31 December 1993.

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§ 87b Transitional provision on the occasion of the amendments which entered into force on 1 September 2004

In court proceedings under this Act, which have been pending before 1 September 2004, § 6 shall continue to apply in the version in force before that date. Unofficial table of contents

Section 88 Regulation

(1) The Federal Ministry of the Interior may, by means of a regulation with the consent of the Federal Council, the competent authorities for the implementation of European Community law and treaties on international law relating to the competence of determine the implementation of asylum procedures, in particular for:

1.

Request for and re-admission to other States,

2.

Decisions on requests for re-admission of other States,

3.

the exchange of information with other States and the European Community, as well as communications to the foreigners concerned; and

4.

the collection, transmission and comparison of fingerprints of the foreigners concerned.

(2) The Federal Ministry of the Interior is authorized to establish forms and procedures for the issuing of the certificate pursuant to § 63 by means of a decree law with the consent of the Federal Council. (3) The State Government may, by means of a legal regulation, carry out tasks transfer to other parts of the country. Unofficial table of contents

Section 88a Provisions on administrative procedures

The regulations made in § 60 cannot be deviated by national law. Unofficial table of contents

Section 89 Restriction of fundamental rights

(1) The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law) and the freedom of the person (Article 2 (2) sentence 2 of the Basic Law) shall be restricted in accordance with this law. (2) The procedure at Deprivation of liberty is governed by Book 7 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. Unofficial table of contents

§ 90 (omitted)

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Annex I (to section 26a)

(Fundstelle: BGBl I 2008 p. 1822) Norway
Switzerland Unofficial table of contents

Annex II (to § 29a)

(Fundstelle: BGBl. I 2014, 1649)

Bosnia and Herzegovina
Ghana
Macedonia, the former Yugoslav Republic of Macedonia
Senegal
Serbia

Footnote

the inclusion of Ghana is compatible with the GG (100-1). BVerfGE v. 14.5.1996 I 952-2 BvR 1507/93 u. 2 BvR 1508/93-