Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
was the introduction of the safe third country of origin concept into German Constitutional Law.
As a result, the number of asylum seekers has dropped considerably.
On the basis of the Aliens Act and Asylum Procedure Act (revised version from 1993), direct
rejection at the border and expulsion to third countries are possible based on the safe thirdcountry
concept. Further, the so-called Airport procedure allows asylum applications to be processed
while the migrant is detained at the airport. If rejected, the applicant is repatriated immediately
and without having legally entered Germany. In this case, the Federal Border Police
(BGS) implement the deportation of rejectees.
Rejection at the Border
Section 18(2) of the Asylum Procedure Act states that permission to enter shall be refused by the
border authorities (Bundesgrenzschutz – BGS) in cases where the asylum seeker “enters from a
safe third country”. All EU countries as well as other European countries where the application
of the Geneva Convention and the European Convention on Human Rights is ensured are deemed
to be “safe third countries”. A list of non-EU countries was approved by the Parliament. So far,
this list includes Norway, Poland, Switzerland and the Czech Republic.
Accelerated Airport Procedure
Under Section 18a of the Asylum Procedure Act, a special accelerated procedure for airport
cases is applied to asylum seekers coming from “safe countries of origin”, or without valid
passports. The list of “safe countries of origin”, approved by Parliament, includes Bulgaria,
Ghana, Poland, Romania, Senegal, Slovakia, the Czech Republic and Hungary.
In these cases, applicants awaiting a decision on entry into the country are detained at the airport,
provided it has sufficient capacity to accommodate them. Usually, they stay in special premises
within the airport’s transit zone. Unaccompanied minors may also be required to stay there, but
they are usually taken care of by social workers. An official of the Federal Office interviews
applicants for the Recognition of Foreign Refugees, with the assistance of an interpreter wherever
necessary. The Federal Office must reach a decision within two days of submission of the
application, otherwise the applicant will ex lege have the right to enter the federal territory.
If the Federal Office rejects the claim as manifestly unfounded, entry is refused. The applicant
may, however, file an appeal with the administrative court within three days, with suspensive
effect. The administrative court (Verwaltungsgericht) must reach a decision within 14 days and,
if it does not, the applicant may enter the country. There is no provision of free legal aid.
Full and Provisional Asylum
Persons granted refugee status under Section 16a of the Constitution (including quota refugees)
receive unlimited residence permits. Those protected against refoulement under Section 51(1)
of the Aliens Act receive temporary residence permits (Aufenthaltsbefugnis) valid for two years
and which can be renewed. After eight years in Germany – i.e. from the time they applied for
asylum – they may be granted an unlimited residence permit. Both categories are considered as
Convention refugees, though Section 51 of the Aliens Act and Section 2 of the Asylum Process-
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