legal and social conditions for asylum seekers and refugees in ...

Detention
There is no reliable estimate of the number of aliens staying in Germany on an illegal basis.
According to Section 57 of the Aliens Act, rejected asylum seekers who do not leave the country
voluntarily may be subject to detention measures.
Detention may be ordered as a preparatory measure (“Vorbereitungshaft”) when the deportation
order has not yet been issued but where it is deemed that deportation would be more difficult
unless the alien was detained. Such preparatory detention requires a court decision and it must
not exceed six weeks.
Detention is also used to enforce an existing deportation order (“Sicherungshaft”). This applies to
those rejected asylum seekers:
– who, without informing the Aliens Office, have changed address after the time limit for leaving
the country voluntarily has expired;
– who have not responded to a summons by the Aliens Office regarding their deportation;
– who have tried to avoid deportation;
– who are suspected to be likely to avoid deportation.
Detention must be ordered by a court and must be reviewed every three months. The alien must
be released if deportation is not feasible within the next three months for reasons beyond the
alien’s control. The total period of detention should not exceed six months, although this can be
extended for another 12 months. In practice, many rejected asylum seekers are detained for
periods exceeding six months.
Application from abroad
It is not possible to make an application for asylum in Germany from abroad.
Family reunification
Family reunification is regulated by the Aliens Act.
Recognised refugees
A person granted refugee status under Section 16a of the Constitution is entitled to family
reunification with his/her spouse and unmarried children under the age of 18. Family reunification
with other family members may also be granted, provided that the refugee is able to support
himself and provide accommodation for them. In principle, unmarried couples are not entitled to
family reunification, but a positive decision might be obtained if the couple has children or if they
are prepared to get married following the spouse’s arrival. Unaccompanied minors with refugee
status are entitled to family reunification in Germany with their parents and minor siblings.
Persons with refugee status under Section 51(1) of the Aliens Act are not automatically entitled to
family reunification. The decision is at the discretion of the Aliens Office in the refugee’s place of
residence. In any case, reunification requires that the refugee can support his/her family
members materially (adequate housing and income).
Other categories
In principle, other categories, including persons with Duldung or under temporary protection
measures as well as asylum seekers have no right to family reunification. However, in exceptional
cases, reunification might be granted on humanitarian grounds.
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Germany