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National Asylum Developments Database

 

The National Asylum Developments Database presents legislative, institutional and policy developments related to asylum since 2018.

Searches can be narrowed down by:

  • Country
  • Year
  • Type of development: legislative, institutional or policy 
  • Thematic area: access to procedure, access to information, legal assistance and representation, interpretation services, special procedures, procedures at first instance, reception of applicants for international protection, detention, procedures at second instance, country of origin information, statelessness in the asylum context, content of protection, return of former applicants, resettlement and humanitarian admission programmes.

Details on each development and further analysis can be consulted in the Asylum Report series.
 

Types of policies and practices reported in the National Asylum Developments Database

The National Asylum Developments Database can be searched by institutional, legislative and policy changes. There are three types of policy developments:

Policies and practices related to the integrity of national asylum systems aim to swiftly identify unfounded asylum applications and ensure that financial, human and administrative resources are not dissipated on such claims. These measures involve efforts to rapidly establish an applicant’s identity, including age, country of origin, travel route and security concerns if any. These facts help to better assess the credibility of the applicant’s statements and determine whether beneficiaries of international protection are still in need of protection. The prevention of unintentional misuse of the asylum procedure and its integrity are also supported by the provision of information to asylum applicants and beneficiaries of international protection on their respective rights and obligations and related procedural arrangements.

Policies and practices that improve the efficiency of national asylum systems include digitalisation and the use of new technologies in the framework of asylum, prioritising or fast-tracking applications, the re-organisation of the procedure itself or implementing changes in the number of staff employed.

Policy and practice aiming to enhance the quality of national asylum systems contribute to increasing fairness, integrity and efficiency. Quality assurance systems, guidance materials and capacity-building measures typically pay off on the initial investment and efforts. The initiatives include staff training, revising existing guidance materials and monitoring the quality of the decisions delivered.

The database presents validated factual information and does not imply any endorsement from the European Commission or EUAA.

Flag Country Year Type of development Thematic area Development Source
Germany Flag Germany 2019 Institutional The Dublin procedure The Dublin procedure The German Dublin Unit within BAMF became responsible for deciding on the admissibility of applications when the applicant is already a beneficiary of international protection in another Dublin state. EASO Asylum Report 2020
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection All applicants became entitled to participate in an integration course after nine months of stay and they will have access to employment-related language courses after having registered as job seeker at the federal employment agency. This opportunity was previously reserved for applicants with high chances of recognition. Tolerated persons may participate in employment-related German courses after six months of tolerated stay. DE LEG 04 2019
Germany Flag Germany 2019 Policy Processing asylum applications at first instance Processing asylum applications at first instance BAMF amended its quality assurance system so that some quality assurance employees rotate among the different branch offices to bring more homogeneity in decisions. EASO Asylum Report 2020
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection Adult applicants without children are required to live in an initial reception centre for a maximum period of 18 months (federal states may decide to extend this period to 24 months). The previous law defined a 6-month maximum period. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Return of former applicants Return of former applicants Authorities will no longer announce the planned date for forced removal following the expiry of the date for voluntary return. Information about the circumstances of a particular removal is now considered to be secret and sharing such information or instigating or abetting the sharing of such information is punishable under criminal law. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Content of protection Content of protection The act introduced the tolerated status related to employment (Beschäftigungsduldung) for persons who can cover their own living costs and are well integrated. The criteria include: at least of 12 months of tolerated status (Vorduldung), clear identity, in employment for at least 18 months working at least 35 hours a week, stable livelihood and sufficient language knowledge. DE LEG 06 2019
Germany Flag Germany 2019 Legislative Detention Detention during the asylum procedure A “detention for non-cooperation” (Mitwirkungshaft) of 14 days was introduced, enforceable against foreigners who do not cooperate in the establishment of their identity in the framework of return. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Content of protection Content of protection The residence regulation applicable to a beneficiary can only be lifted when the relevant authority at the place of originally-assigned residence gives its explicit agreement. DE LEG 05 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection Applicants undertaking voluntary work may keep EUR 200 of volunteer allowance, in addition to the benefits granted under the Asylum Seekers Benefits Act. DE LEG 02 2019
Germany Flag Germany 2019 Legislative Content of protection Content of protection The new act clarified that if the reason for an applicant to move to another federal state becomes obsolete three months from the move, then the first federal state must continue to bear integration costs for three years. DE LEG 05 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection The level of benefits for applicants is more aligned with the general level of social security, for example with the level of basic support for job seekers. Electricity and maintenance are now provided as in-kind benefits and therefore their costs are deducted from cash benefits. DE LEG 02 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection The law facilitates access to vocational training for all persons with a right to work in Germany, regardless of the initial residence circumstances of the person concerned. DE LEG 04 2019
Germany Flag Germany 2019 Legislative Access to procedure icon Access to procedure Fingerprinting became obligatory for all applicants aged 6 years and older. The age range for fingerprints was 14 years and older. DE LEG 01 2019
Germany Flag Germany 2019 Policy Country of origin information Country of origin information BAMF launched a two-year training campaign offering workshops on the Top 10 countries of origin. EASO Asylum Report 2020
Germany Flag Germany 2019 Legislative Access to information Access to information The Asylum Act was complemented with Article 12a, which regulates the modalities of BAMF counselling on asylum procedures for applicants. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Return of former applicants Return of former applicants A new category for tolerated stay (Duldung) was created for persons whose removal cannot be carried out due to ambiguities in their identity which they created, for example by not handing over the necessary travel documents or by misleading the authorities concerning their identity and nationality. These persons are subject to the residence obligation (Wohnsitzauflage) and do not have the right to undertake gainful employment. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Detention Detention during the asylum procedure In the framework of the custody to secure departure (Ausreisegewahrsam), it was clarified that the risk of absconding is not a determining criteria. A person can be placed in custody to secure departure when the deadline for leaving the country has expired by more than 30 days. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection Labour market tests are no longer applied for the employment of foreigners whose removal has been suspended or applicants who have a permission to stay pending the asylum decision. DE LEG 05 2019
Germany Flag Germany 2019 Legislative Detention Detention during the asylum procedure The possibility was extended to place a foreigner in custody to secure removal (Sicherungshaft), with the objective to prevent absconding. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Content of protection Content of protection The act clarified that this rule also applies to unaccompanied minors who reach the age of majority. DE LEG 05 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection A new type of beneficiary group was established, referring to applicants in reception centres who are presumed to form a community with synergies in benefits, hence these applicants are now entitled to a lower level of benefits. DE LEG 02 2019
Germany Flag Germany 2019 Policy Interpretation services Interpretation services BAMF launched a new software to administer interpretation services. EASO Asylum Report 2020
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection The unemployment benefit may be paid during the period of the integration course or the employment-related language course, when the federal employment agency considers participation in such courses necessary for the sustainable labour market integration. DE LEG 04 2019
Germany Flag Germany 2019 Legislative Unaccompanied minors and vulnerable groups Unaccompanied minors and vulnerable groups The local Youth Welfare Office in charge of the initial screening of an unaccompanied minor is now obliged to ensure that the minor is identified and the data are transmitted to the Central Register of Foreigners, (AZR, Ausländerzentralregister). DE LEG 01 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection A new paragraph was added in the Asylum Act (Article 44(2a)), underlining that federal states are obliged to provide reception conditions ensuring the protection of women and other vulnerable applicants. DE LEG 03 2019