Refugee#Asylum seekers
Asylum seekers ( in Austria: asylum seekers, in Switzerland: asylum seekers), are people seeking asylum in a foreign country, that is to shelter and protection against political or other persecution. While asylum seekers are people with a pending asylum recognition procedure recognized asylum seekers are referred to in official parlance as asylum seekers or refugees. The term asylum seeker is usually perceived as a pejorative.
The State in which the asylum seekers to apply for admission checks in an asylum procedure, whether a claim for asylum is made, whether it is for the applicants to refugees under the Geneva Convention and whether obstacles to deportation as dangers to life and limb, risk of torture, the threat of capital punishment or the like. present.
Statistics
Until the mid- 1980s, the number of asylum seekers was low. In the period from 1985 to the peak in 1992, the number of asylum seekers in the EU increased from about 160,000 in 1985 to about 672,000 in 1992 to. The asylum seekers arrived early 1990s, mainly from the country or countries at war located the former Yugoslavia. Because the asylum compromise and the end of the Civil War decreased the numbers.
To date 31 December 2009 51 506 persons were detected with a right to asylum in the German Central Register of Foreigners ( AZR ). More 34 460 people were captured, which a residence permit has been granted to asylum seekers. The number of registered people with refugee protection was 67 585. In addition, 24,839 people were on the date recorded by a residence permit, issued under certain prohibitions on deportation. Main countries of origin are Turkey, Iraq, Afghanistan and Iran.
2011 45.571 people have requested asylum in Germany. In 2012 the number rose to 77,500 asylum seekers, including 12,810 from Serbia, 7,930 from Syria and 7,840 in Afghanistan. The maximum values were in the 1990s with regularly more than 100,000 asylum seekers, including in 1997 with larger numbers of applicants from Turkey, Yugoslavia and Iraq.
Claim Basics
The refugee definition is derived from the wording of Article 1 of the Geneva Convention relating to the Status of Refugees of 28 July 1951 ( SR 0.142.30 ). Thus, a refugee any person who is a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and the protection of that country is not can avail or not to avail himself owing to such fear; or is stateless as a result of such events outside their country of residence and there can not return or unwilling to return because of such fear.
Be closer elaborating on the conditions for entitlement to refugee protection in the 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, often referred to briefly as " the Qualification Directive ". It also regulates the from the legal status as a refugee or person with " subsidiary protection " to be derived social and other rights, such as the rights of family members of refugees. The Directive applies in most states of the European Union, except in Denmark, the UK and Ireland, however, had to be implemented through national legislation. A recast of the Qualification Directive, with some modifications (Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted ) is already in force, however, still requires the national implementation by 21 December 2013.
Germany
In Germany, the end of the asylum process in the Asylum Procedure Act ( the Asylum Procedure Act ) is committed. Persecuted on political receive asylum under Article 16a of the Basic Law insofar as they do not come from the EU or any other so-called safe third country or, if no other country in the EU is responsible for them due to the Dublin Regulation. Asylum seekers entering over land borders to Germany, will be rejected in accordance with the third state solution without substantive examination of their asylum application in the respective safe third countries (all countries bordering on Germany are regarded as safe third countries ). Only when there is no third country to take back the person concerned agrees or concrete transit state can not be determined, it comes to the asylum procedure in Germany.
The German asylum process was strongly influenced by national fundamental right to asylum under Article 16a GG embossed whose conditions are tighter than the requirements of the recognized refugee under the Geneva Refugee Convention (GRC ) to about 2007. The right to asylum is generally granted in the home country only suffered persecution by the state; which is basically not a prerequisite for the fulfillment of refugee status. Only since 2007, after the implementation of the Qualification Directive in addition to the entitlement to asylum, a new status, namely the recognition of refugee status, ( § 60, Paragraph 1 of the Residence Act in conjunction with § 3 of the Asylum Procedure Act ) was created. He is possibly awarded in addition to the entitlement to asylum under Article 16 of the Basic Law, or without entitlement to asylum. For the differences between entitlement to asylum and refugee status → Main article refugee status, section differences between entitlement to asylum and refugee status.
Where this is not the recognition of the right to asylum or refugee status, if necessary, is the granting of subsidiary protection into consideration. This is the case if no prohibitions on deportation under § 60 para 2 to 7 of the Residence for the person of the applicant.
For the examination of the reasons for persecution, the Federal Office for Migration and Refugees is responsible, with headquarters in Nuremberg and many offices in all provinces. The applicant must fully and credibly put forward the reasons for persecution at the hearing. Decision of the Federal Office, the subject since 2005 directives of the federal interior ministry, then consider the factual and legal assessment of asylum applications. During their asylum procedure, which can last a few weeks, but for several years, applicants are initially in reception centers, located predominantly later in accommodation and have to usually in the assigned district, or at least stop state (residence ).
In Asylbewerberleistungsgesetz ( AsylbLG ) the social benefits to asylum seekers are regulated since 1993. In the first year of their stay ( September 6, 2013: In the first 9 months of their stay ) has introduced a total ban on working for asylum seekers. Even after the employment is permitted only in exceptional cases. The unchanged since 1993, the amount of the benefits under the AsylbLG was about 40 percent below the standard rate according to SGB II ( ALG II ), which the Federal Constitutional Court of 18 July 2012 declared unconstitutional, the legislature commissioned by raising to subsistence in transition, even benefit rates stipulated.
Entitled to asylum under Article 16a GG obtain a residence permit in accordance with § 25 Section 1 of the Residence Act, recognized refugees in accordance with § 60 para 1 of the Residence obtain a residence permit in accordance with § 25 Section 2 of the Residence, Refugees subsidiary protection ( § 60 para 2 ff Residence ) received a residence permit according to § 25 paragraph 2 or 3 of the Residence. The latter were given to the entry into force of the Immigration Act on 1 January 2005 in many cases only a toleration.
Switzerland
(As of 1 January 2008) In Switzerland, the right to asylum in the Asylum Act ( Asylum Act) of 26 June 1998 SR 142.31 is regulated. In charge of the asylum procedure, the Federal Office for Migration.
Asylum seekers have their asylum application under Article 19Vorlage: Submit Art / Maintenance / ch- Search Asylum Act in border control in a Swiss airport, upon arrival at an open border crossing or at a receiving point and should only during the asylum procedure staying in Switzerland and. an approved work in the assigned canton ( Switzerland ) follow up ( up work is in accordance with Art 43Vorlage. kind / Maintenance / ch- Search Asylum Act only after 3 months stay possible). If the Federal Office for Migration, the respective asylum from or if it is not a material ( NEE - decisions with a wide range of applications ), an appeal to the Federal Administrative Court (FAC ) is possible. Time limits for appeal are 5 working days upon substantive decisions, 30 days in non-occurrence of decisions. Duration of the asylum procedure has been significantly reduced over the last two years through various activities on both instance level or restricted.
Austria
In Austria governs asylum law, which was last amended on 1 January 2006, the procedure for asylum seekers.
When subsidiary protection beneficiaries are in Austria called on their asylum application was rejected, but can not be expelled from danger to life or dignity.