|
Germany |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
Reception of applicants for international protection |
Under the Asylum Seekers Benefits Act, material reception conditions can be restricted to a greater extent when the applicant does not cooperate. Applicants awaiting a transfer under the Dublin procedure are now entitled only to limited material reception conditions. Material reception conditions are limited to core benefits until leaving the country (Überbrückungsleistungen) for applicants who have already been granted international protection in another EU Member State and whose obligation to leave the territory is enforceable. |
DE LEG 03 2019 |
|
Germany |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
Detention during the asylum procedure |
500 additional return detention places were created in regular prisons – in separated premises from inmates - temporarily until 2022, next to the existing 500 special return places. |
DE LEG 03 2019 |
|
Germany |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
Detention during the asylum procedure |
Custody when preparing for a removal (Vorbereitungshaft) was extended for persons who are considered to be a threat to public security. |
DE LEG 03 2019 |
|
Germany |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
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 |
2019 |
Legislative |
|
Reception of applicants for international protection |
Applicants and tolerated persons became entitled to student benefits, and exclusion from the relevant study support under the Twelfth Book of Social Code is no longer applicable to them. |
DE LEG 02 2019 |
|
Switzerland |
2019 |
Legislative |
|
Processing asylum applications at first instance |
The provisions concerning the new accelerated asylum procedures entered into force on 1 March 2019, following the adoption of the new Asylum Law in September 2015, the national referendum in June 2016 and the pilot projects carried out in Zurich, Boudry and Giffers. |
CH LEG 01 2019 |
|
Sweden |
2019 |
Legislative |
|
Reception of applicants for international protection |
Applicants are not entitled to daily allowance anymore if they choose to reside in specific areas with high rates of immigrants and socio-economic challenges (32 municipalities listed), in order to avoid segregation. |
SE LEG 02 2019 |
|
Sweden |
2019 |
Legislative |
|
Statelessness in the context of asylum |
Persons born in Sweden and having been stateless since birth may receive under certain conditions a permanent residence permit. |
SE LEG 01 2019 |
|
Sweden |
2019 |
Legislative |
|
Content of protection |
The application of the law was extended until 19 July 2021 and beneficiaries of international protection continued to receive temporary residence permits instead of a permanent one. The law lifted the ban on family reunification for beneficiaries of subsidiary protection. |
SE LEG 01 2019 |
|
Luxembourg |
2019 |
Legislative |
|
Return of former applicants |
An interdisciplinary commission was established to evaluate the best interests of unaccompanied minors in return decisions. |
LU LEG 03 2019 |
|
Netherlands |
2019 |
Legislative |
|
Special procedures to process asylum applications |
An amendment to the Aliens Circular (Vc) established a new procedure regarding lodging and assessing subsequent asylum applications. |
NL LEG 03 2019 |
|
Netherlands |
2019 |
Legislative |
|
Return of former applicants |
An amendment to the Aliens Circular (Vc) was enacted: while in principle after the rejection of the first asylum application a departure period is granted, exceptions to the rule were extended concerning (among other things) apparently unfounded applications and applications predominantly based on socio-economic grounds. |
NL LEG 02 2019 |
|
Netherlands |
2019 |
Legislative |
|
The Dublin procedure |
An amendment of the Dutch Aliens Act (Vw, Vreemdelingenwet), Article 50a, permitted applicants or Dublin claimants, who are legally residing after a decision on the asylum application and awaiting a Dublin transfer, to be stopped, transferred to a place to be questioned and kept in custody for a maximum of six hours if needed to assess whether detention is necessary in the framework of the Dublin procedure. |
NL LEG 01 2019 |
|
Malta |
2019 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
The Head of the Agency for the Welfare of Asylum Seeker (AWAS) may be appointed as a legal guardian for unaccompanied minors with an interim care order, in order to prevent delays. |
MT LEG 01 2019 |
|
Luxembourg |
2019 |
Legislative |
|
Content of protection |
The Law on Social Inclusion Income (REVIS) entered into force on 1 January 2019. All beneficiaries of international protection and their family members aged 25 or older can benefit from the social inclusion income. |
LU LEG 04 2019 |
|
Luxembourg |
2019 |
Legislative |
|
Reception of applicants for international protection |
The National Reception Office (ONA, Office nationale de l'accueil) was established. |
LU LEG 02 2019 |
|
Austria |
2019 |
Legislative |
|
Country of origin information |
Namibia, the Republic of Korea and Uruguay were added to the list of countries considered to be safe countries of origin. |
AT LEG 05 2019 |
|
Luxembourg |
2019 |
Legislative |
|
Interpretation services |
Luxembourg increased its translation and interpretation budget by about EUR 180 000. |
LU LEG 01 2019 |