Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
ing Act differentiate between the so-called großes Asyl (extended or full asylum) and the kleines
Asyl (provisional or restricted asylum).
Refugees whose cases are processed under 16a of the Constitution and are granted asylum are
entitled to unlimited residence permission, access to integration measures and working permit.
Whereas, refugees not granted asylum under 16a receive only limited right of residence and
have no access to integration measures, they are allowed to work.
According to the Aliens Act (Section 33) the Federal Minister of the Interior may decide to
receive specific aliens in Germany for reasons of international law or on political and/or
humanitarian grounds. These aliens do not file individual asylum applications and are usually
admitted according to a defined quota. The German law hereby distinguishes between quota
refugees (Kontingentflüchtlinge) and civil war refugees.
Quota Refugees
In the early eighties and the nineties, Vietnamese “boat-people” and Jewish immigrants from
Russia respectively were able to come to Germany as quota refugees. These groups of migrants
are granted unlimited residence.
Status for Civil War Refugees
In 1993, a status was introduced under Section 32a of the Aliens Act specifically for persons
fleeing war and civil war situations. This status, which requires a previous agreement between
the Federal government and the Länder on payment of housing and welfare costs for those
granted temporary protection on this basis, was not used until 1999 due to the lack of such an
agreement. However, in April and June 1999, the Federal government and the Länder agreed to
receive a total of 15,000 refugees from Kosovo on this basis.
The granting of this status is dependent upon the person not applying for asylum, or withdrawing
his/her application. Persons granted the status for civil war refugees are issued with a temporary
residence permit, which is renewable.
Temporary Deportation Waiver
Under the Aliens Act, the Ministry of Interior of each Land may order a temporary deportation
waiver for groups of aliens, either on the basis of international law or on humanitarian grounds.
The deportation waiver is ordered for a maximum period of six months. If the Ministry of Interior
of a Land wishes to extend the validity beyond six months, the agreement of the Federal
Ministry of the Interior is required. This procedure only applies to groups and not to individual
refugees. In March 1996, the Ministries of Interior of the Länder decided during their conference
that no Land would order a temporary deportation waiver on its own without the agreement
of the majority of the other Länder. No groups have benefited from this deportation waiver since
March 1996. The new Immigration Act adopts this regulation.
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