Regulation on the recasting of the Ordinance on Asylum Seekers for Asylum Seekers (ZBV)

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Asylum ZBV

Date of completion: 02.04.2008

Full quote:

" Regulation on the recast of the Ordinance on Asylum Seekers ' Ordinance of 2 April 2008 (BGBl. I p. 645) "

The V replaces the V 26-7-1 v. 26.11.1993 I 1914 mWv 11.4.2008

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Footnote

(+ + + Text proof: 11.4.2008 + + +) 

  

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Input formula

On the basis of Section 88 (1) of the Asylum Procedures Act, as amended by the Notice of 27 July 1993 (BGBl. 1361), which is defined by Article 3 (50) of the Law of 19 August 2007 (BGBl). 1970), the Federal Ministry of the Interior is responsible for the following: Unofficial table of contents

§ 1

The Regulation shall determine the competent authorities for the implementation of

1.

of the Convention of 15 June 1990 concerning the determination of the State responsible for examining a request for asylum lodged in a Member State of the European Communities (Dublin Convention) (BGBl. 1994 II p. 791),

2.

Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 327, EU No L 50 p. 1),

3.

Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 laying down the criteria and mechanisms for determining the Member State which is responsible for examining one of the an asylum application lodged in one of the Member States by a third-country national (OJ L 136, 31.7.2006 EU No L 222 p. 3),

4.

Council Regulation (EC) No 2725/2000 of 11 December 2000 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 327, 22.12.2000, p. EC No L 316 p. 1).

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§ 2

(1) The Federal Office for Migration and Refugees is responsible for the implementation of the Convention pursuant to Section 1 (1) and the Regulations pursuant to § 1 (2) and (3) in relation to

1.

the transmission of requests for reception and re-admission to the other States, as well as the establishment of the arrangements for transfer;

2.

the decision on requests for re-admission and re-admission of the other States, as well as the determination of the arrangements for the transfer,

3.

the exchange of information and the necessary communications to the third-country nationals concerned.

(2) The Federal Office for Migration and Refugees is also responsible for cooperation with the other states in accordance with the Regulation pursuant to § 1 No. 4 at

1.

the final identification,

2.

the information on the data transmitted to the Central Unit pursuant to Article 4 of Regulation (EC) No 2725/2000 and stored in the central database, as well as its correction, erasure and blocking.

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§ 3

(1) The authorities responsible for police control of cross-border traffic (border authorities) shall be responsible for the measures and decisions referred to in Article 2 (1) (1) and (3) and (2) (1) if a third-country national in the The border area of the Federal Republic of Germany has been directly linked to an unauthorised entry from an adjacent Member State and there is evidence that this or another adjacent Member State is Member State in accordance with the Convention pursuant to § 1 No. 1 or the Regulation pursuant to § 1 no. 2 (2) The authorities referred to in paragraph 1 shall be responsible for the measures and decisions referred to in Article 2 (1) (2) and (3) if a third-country national from the Federal Republic of Germany has entered into an adjacent State unauthorised and where: (3) Paragraphs 1 and 2 do not apply to customs administration. Unofficial table of contents

§ 4

The Federal Office may adopt procedures for which the responsibility of the border authorities has been established and, at the request of the border authorities, it shall take over these procedures. Unofficial table of contents

§ 5

The Federal Criminal Police Office is responsible for the implementation of the regulation in accordance with § 1 No. 4 in relation to the

1.

Transmission of data to the Central Unit,

2.

the examination of the results transmitted by the Central Unit,

3.

Transmission of the results to the Federal Office and to the authority which transmitted the fingerprints,

4.

the rectification and erasure of the data transmitted to the Central Unit in accordance with Article 8 of Regulation (EC) No 2725/2000 and stored in the central database,

5.

Deletion and destruction of the unreliable information obtained from the Central Unit on other data,

6.

Transmission of the list of authorities entitled to access the central database,

7.

Claims for damages against the Federal Republic of Germany pursuant to Article 17 (2) of Regulation (EC) No 2725/2000.

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§ 6

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.