Information

Explanation of terms

The public authorities make use of certain terms in order to accurately describe individuals in specific situations and procedural steps.

What do the terms asylum, refugee protection and subsidiary protection mean?

There are three possible options to obtain protection in Germany.

– Asylum (Asyl)

– Refugee protection (Flüchtlingsschutz) or

– Subsidiary protection (subsidiärer Schutz).

You will receive asylum, if you have to leave your home country due to a fear of governmental persecution for reasons of race, nationality, political opinion, religious affiliation or membership of a particular social group.

You will receive refugee protection, if you have to leave your home country due to a fear of non-governmental persecution for reasons of race, nationality, political opinion, religious affiliation or membership of a particular social group.

You will receive subsidiary protection, if you neither obtain asylum nor refugee protection but are threatened with “serious harm” in your country of origin like e.g. due to civil war.

What would happen, if my application of asylum was rejected?

If your application is rejected, you will be requested by the authorities to leave Germany. This is called expulsion (Ausweisung). Usually, you will have to leave within 30 days. In some cases, you might even be requested to leave within seven days. This is the case, if an application of asylum is rejected due to being “manifestly unfounded”. You have the right to appeal against the decision in court. The deadline to file a lawsuit (Klagefrist) is very short. It is best to immediately get in touch with a legal aid office or a lawyer to help you.

What are opposition proceedings (Widerspruchsverfahren)?

Before you can appeal against the rejection decision of the authorities, opposition proceedings (also called preliminary proceedings) need to take place. During the proceedings, the authorities will review the decision once again. If the results of the opposition proceedings are negative, you can file a lawsuit. Again, you have to meet strict deadlines. It is best to ask a legal aid office or a lawyer for advice.

What is legal aid (Prozesskostenhilfe)?

Court cases and hiring a lawyer cost money. If you cannot bear the costs, you can apply for legal aid which will cover the costs. For legal aid to be granted, chances that you win the lawsuit must be high. In order to receive legal aid, you need to make an application. To do so, you got to fill in the following form: http://www.justiz.de/formulare/zwi_bund/zp1a.pdf

If you have a lawyer or legal aid office help you fill in the form, chances of receiving legal aid are higher since these persons are experienced in completing such applications. The respective court can help you, too.

What does suspensive effect (aufschiebende Wirkung) mean?

Suspensive effect is a term used by authorities and at court. You have to apply for suspensive effect in order to stop the proceedings until a decision on your opposition has been made. This means that, for the time being, you do not have to do what the authorities requested as long as you are waiting for a decision in the opposition proceedings.

What is an oral hearing (mündliche Verhandlung)?

If you file a lawsuit, there will be an oral hearing. Your case will be discussed. Afterwards, the court will deliver the decision orally (and subsequently confirm it in writing) or the decision will solely be announced in writing. It is also possible that the court will make a decision without oral hearing.

I got a message saying that I will not receive asylum and that I have to go back to my country of origin. But I am very sick and there is no proper medical care in my country of origin. What can I do?

There are specific circumstances under which you do not have to head back to your country of origin even if you received a negative decision. One of these circumstances is severe illness and insufficient medical care conditions in your home country which would cause your disease to worsen drastically or lead to significant danger to your life. In this case, it is best to speak to your lawyer or legal aid office.

What would happen if the situation in my country of origin improved? Could the authorities alter my eligibility of asylum or my refugee status?

Yes, the authorities can revoke your eligibility of asylum or your refugee status if the situation in your country of origin improves. The authorities may also do so if it turns out that you made false statements or kept something secret and this way received refugee or asylum status.

What is the difference between asylum and aliens law?

Aliens law deals with the entry and residence of people in Germany who are not German citizens. It controls issues concerning abode, the possibility of working and social assistance.

Asylum law controls the recognition of refugee status and the residence permit associated with it.

Where can I find further information on the asylum procedure?

Within the category “Important links” we have collected a list of websites providing more detailed information.

How long does the processing of my asylum application take?

After you have submitted your application for asylum, the authorities have three months to process the request. Momentarily, so many applications are submitted that it can take authorities between six months and a year to take a decision on your application.

What can I do if the processing takes longer?

It usually takes quite some time until you receive a response on your application – especially if the local authorities do not have enough personnel. In this case, you can file a lawsuit (action for failure to act, “Untätigkeitsklage“).

How is an action for failure to act against the authorities carried out?

You can bring an action against the authorities for their failure to act to the court if no decision has been taken on the asylum application by the authorities after more than three months. The lawsuit has to be filed with the competent administrative court. If the action proves successful, the authorities have to set a date for the hearing and decide on the request much quicker.

For further information, see “Questions concerning action for failure to act“.

What are opposition proceedings (Widerspruchsverfahren)?

Before you can appeal against the rejection decision of the authorities, opposition proceedings (also called preliminary proceedings) need to take place. During the proceedings, the authorities will review their decision once again. If the results of the opposition proceedings are negative, you can file a lawsuit.

How are opposition proceedings carried out?

After raising written opposition, you will be informed that the authorities have received your opposition. If the authorities do not change their opinion, a second authority is going to review your opposition. This authority may invite you to discuss the case together. You are not obliged to appear personally but it could certainly help to explain your situation in detail.

As soon as the authority has come to a conclusion, you will be informed about the decision and the reasons. If you receive a negative decision, you can now file a lawsuit against it.

Who bears the costs of the opposition proceedings?

You can react to a negative decision of the authorities with an opposition in order to have the decision reviewed again by the authorities. This review costs money. The amount varies and depends on the federal state where you raise your objection and on how long the review will take. If you lose the case, you will have to bear the costs. If you win the case, you do not have to pay anything.

How long does the processing of my asylum application take?

After you have submitted your application for asylum, the authorities have a maximum of three months to process the request.

What can I do if the processing takes longer?

It usually takes quite some time until you receive a response on your application – especially if the local authorities do not have enough personnel. In this case, you can file a lawsuit (action for failure to act, “Untätigkeitsklage“).

How is an action against the authorities for failure to act carried out?

You can bring an action against the authorities for their failure to act to the court if no decision has been taken on the asylum application by the authorities after more than three months. The lawsuit has to be filed with the competent administrative court. If the action proves successful, the authorities have to set a date for the hearing and decide on the request much quicker.

How much do I have to pay for an action against the authorities for failure to act?

It depends on whether you win or lose the case. If you win the action against the authorities for their failure to act, the authorities have to pay the costs. If not, you will be the one who has to pay. That is why it is a good idea to apply for legal aid beforehand. If legal aid is granted, you do not have to pay the costs, even if you lose the case.

What are the results of an action for failure to act?

The court comes to the conclusion that the authorities have been working too slowly and determines that your asylum application now has to be processed quickly. But still, they cannot make a decision on your application for asylum. That is a task of the authorities. Only when the authorities have come to a decision and did not grant you asylum, you can file a lawsuit in court.

How do I submit an action for failure to act?

In this situation it is best, if a lawyers helps you to submit an action against the authorities for their failure to act when they have not decided on your application for asylum for more than three months. The lawyer is experienced in such cases and can answer all of your questions.