Asylum Procedure Act (Asylverfahrensgesetz, AsylVfG)

Chapter One: General provisions

Section 1 Scope

(1) This Act shall apply to foreigners applying for protection from political persecution pursuant to Article 16 a (1) of the Basic Law or from persecution in accordance with the Convention of 28 July 1951 relating to the status of refugees (Federal Law Gazette 1953 II, p. 559).

(2) This Act shall not apply to displaced foreigners as defined in the Act on the Legal Status of Displaced Aliens in the Federal Territory in the applicable revised version published in the Federal Law Gazette Part Ill, no. 243-1.

Section 2 Legal status of persons entitled to asylum

(1) In the Federal territory, persons entitled to asylum shall enjoy the legal status pursuant to the Convention relating to the status of refugees.

(2) Provisions granting a more favourable legal status to persons entitled to asylum shall remain unaffected.

(3) Foreigners who were granted asylum in the territory defined in Article 3 of the Unification Treaty before the accession of this territory to the Federal Republic of Germany became effective shall be regarded as persons entitled to asylum.

Section 3 Recognition of refugee status

(1) A foreigner is a refugee within the meaning of the Convention related to the status of refugees if in the country of his citizenship or in which he habitually resided as a stateless person he faces the threats listed in Section 60 (1) of the Residence Act.

(2) A foreigner shall not be recognized as a refugee under (1) if there is good reason to believe that he

1. has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international instruments drawn up for the purpose of establishing provisions regarding such crimes,

2. committed a serious non-political crime outside the Federal territory before being admitted as a refugee, in particular a brutal act, even if it was supposedly intended to pursue political aims, or

3. acted in violation of the aims and principles of the United Nations.

Sentence 1 shall apply also to foreigners who have incited others to commit the crimes or acts listed there or otherwise been involved in such crimes or acts.

(3) Nor shall a foreigner be a refugee under (1) if he enjoys the protection or assistance of an organization or other institution of the United Nations, with the exception of the United Nations High Commissioner for Refugees under Article 1, section D of the Convention relating to the status of refugees. (1) and (2) shall apply if such protection or assistance is no longer provided, without having finally clarified the situation of those affected in accordance with the relevant resolutions of the General Assembly of the United Nations.

(4) A foreigner who is a refugee under (1) shall be recognized as having refugee status unless he fulfils the prerequisites of Section 60 (8) first sentence of the Residence Act.

Section 4 Binding character of decisions under asylum law

The decision on the asylum application shall be binding in all matters in which recognition as a person entitled to asylum or recognition of refugee status are relevant in law. This shall not apply to extradition procedures or to procedures pursuant to Section 58a of the Residence Act.

Section 5 Federal Office for Migration and Refugees

(1) The Federal Office for Migration and Refugees (Federal Office) shall decide on asylum applications and the recognition of refugee status. In accordance with this Act, the Federal Office shall also be responsible for measures and decisions taken under foreigners law.

(2) The Federal Ministry of the Interior shall appoint the head of the Federal Office, who shall ensure the proper organization of asylum procedures.

(3) The head of the Federal Office is to set up a branch office at each Central Reception Facility for Asylum Applicants (reception centre) with a capacity to accommodate 500 persons or more. He may set up additional branch offices in consultation with the Länder.

(4) The head of the Federal Office can arrange with the Länder to supply the necessary material and personnel resources in order to fulfil his duties in the branch offices. The staff supplied shall be bound to the same extent as the staff of the Federal Office by his technical instructions. The details shall be governed by means of an administrative agreement between the Federation and the Land.

Section 6

(repealed)

Section 7 Collection of personal data

(1) The authorities responsible for implementing this Act may, for the purpose of implementing this Act, collect personal data as far as necessary for them to fulfil their duties. Data within the meaning of Section 3 (9) of the Federal Data Protection Act and corresponding provisions contained in the data protection acts of the Länder may be collected insofar as needed in individual cases to fulfil duties.

(2) The data shall be collected from the data subject. They may also be collected from other public authorities, foreign authorities and non-public agencies without involving the data subject if

1. this is allowed or expressly required by this Act or another legal provision;

2. it is obviously in the interest of the data subject and there is no reason to assume that he would refuse his/her consent if he were aware of his personal data being collected;

3. the cooperation of the data subject is not sufficient or would require an unreasonable effort;

4. the task at hand, by its very nature, makes it necessary to collect data from other persons or agencies or

5. it is necessary in order to verify information provided by the data subject.

Data may only be collected on the basis of sentence 2, items 3 and 4 and from foreign authorities or non-public agencies if there are no indications suggesting that overriding interests of the data subject that warrant protection might be affected.

Section 8 Transmission of personal data

(1) Upon request (Section 7 (1)), public authorities shall inform the authorities responsible for the implementation of this Act of any circumstances that have come to their knowledge, provided that this does not conflict with particular legal provisions on the use of such information or with the overriding interests of the data subject that warrant protection.

(2) The competent authorities shall immediately inform the Federal Office of any formal extradition request submitted by a foreign state and any request for arrest received in conjunction with the announcement of an extradition request and of the conclusion of the extradition procedure, if the foreigner concerned has filed an asylum application.

(2a) The authorities entrusted with implementing this Act shall inform the competent authorities under Section 10 of the Act on Benefits for Asylum Seekers of any circumstances or measures under this Act that are required for the payment of benefits to those entitled to benefits under the Act on Benefits for Asylum Seekers as well as of any work permits granted to these persons that said authorities have been informed of and information on the expiry, revocation or rescinding of work permits.

(3) The data collected under this Act may, for the purposes of enforcing the Residence Act and for the health care of asylum seekers as well as for criminal prosecution measures and, upon request, for the prosecution of administrative offences, be transmitted to the public bodies in charge of these measures and be processed and used by them, as far as this is necessary for them to perform the tasks for which they are responsible. The data may be transmitted to the bodies mentioned in Section 35 (1) of the Social Code, Book I, and processed and used by them as far as this is necessary to identify and prosecute the unjustified receipt of benefits under the Social Code, Book XII, of health and accident insurance benefits or of unemployment benefits or subsistence benefits under the Social Code, Book II, and where there are actual indications as to such unjustified receipt of benefits. Section 88 (1) through (3) of the Residence Act shall be applied mutatis mutandis.

(4) The transmission of data on the basis of other legal regulations shall remain unaffected.

(5) Section 20 (5) of the Federal Data Protection Act and corresponding provisions in the data protection acts of the Länder shall not apply.

Section 9 United Nations High Commissioner for Refugees

(1) The foreigner may contact the United Nations High Commissioner for Refugees (UNHCR), who may present his views regarding individual applications for asylum to the Federal Office. The UNHCR may have access to foreigners, including those in detention and in airport transit zones.

(2) At the request of the UNHCR, the Federal Office shall provide the UNHCR with the information necessary for the UNHCR to fulfil his/her tasks under Article 35 of the Convention relating to the status of refugees.

(3) Decisions on asylum applications and other information, in particular the grounds for persecution given, may, unless presented in an anonymous form, be transmitted only if the foreigner himself has applied to the UNHCR or if the foreigner’s consent is otherwise documented.

(4) The data may be used only for the purpose for which they were transmitted.

(5) (1) through (4) shall apply accordingly to organizations acting by order of the UNHCR on Federal territory on the basis of an agreement with the Federal Republic of Germany.

Section 10 Provisions concerning delivery

(1) During the asylum procedure, the foreigner shall ensure that communications of the Federal Office, the responsible foreigners authority and any court he has resorted to can reach him at all times; in particular, he shall inform the aforementioned agencies of any change of address without delay.

(2) The foreigner shall accept any notifications and informal communications at the most recent address indicated in his asylum application or of which he informed the agency in question if he has neither appointed an authorized representative nor designated an authorized receiving agent for the procedure or if notifications or communications cannot be delivered to these. The same shall apply if the last known address at which the foreigner resides or is required to reside, has been communicated by a public agency. The foreigner shall accept notifications and informal communications of public bodies other than those listed in (1) which are mailed to the address at which he shall accept notifications and informal communications of the Federal Office pursuant to the first and second sentences above. If the communication cannot be delivered, it shall be regarded as having been delivered at the time of mailing even if the communication is returned as undeliverable.

(3) Where one or both parents have applied for asylum with their minor, unmarried children or their spouses and where the same address is valid for all family members pursuant to (2), certain decisions and communications for them may be combined in one notice or one communication and addressed to one spouse or parent. The address shall list all family members who are above age 16 to whom the decision or the communication is addressed. The decision or communication shall explicitly state to whom it applies.

(4) A reception centre shall deliver any notification and informal communication sent to the address of the reception centre to those foreigners who, under (2) above, shall accept such notifications and informal communications. Mail delivery and distribution hours for each working day shall be publicly displayed. The foreigner shall ensure that incoming mail can be given to him at the reception centre within the mail delivery and distribution hours. On being given to the foreigner, any notification and informal communication shall be delivered; in other cases they shall be regarded as having been delivered three days after being delivered to the reception centre.

(5) Provisions on substituted service shall remain unaffected.

(6) Should it be necessary for a communication to be delivered outside the Federal territory, service shall be made by public notice. The provisions of Section 10 (1) sentences 2 and 3 and (2) shall apply.

(7) At the time of application, the foreigner shall be informed of these service provisions in writing and the foreigner shall acknowledge the receipt of this information.

Section 11 Protest

There shall be no protest against measures and decisions taken in accordance with this Act.

Section 11a Temporary suspension of decisions

The Federal Ministry of the Interior may temporarily suspend decisions of the Federal Office under this Act for certain countries of origin for up to six months, if the assessment of the asylum and deportation situation requires special clarification. Suspension pursuant to sentence 1 may be extended.

Chapter Two: Asylum procedures

Sub-chapter one: General rules of procedure

Section 12 Legal capacity of minors

(1) A foreigner who is at least 16 years of age shall be capable of performing procedural acts in accordance with this Act, unless he has no legal capacity according to the terms of the Civil Code or unless he would have to be offered assistance or be subject to a reservation of consent in this matter if he had reached the age of full legal accountability.

(2) In applying this Act, the provisions of the Civil Code shall determine whether a foreigner is to be regarded as a minor or an adult. If a foreigner is of age under the law of his home country, his legal capacity and capacity to contract shall remain unaffected.

(3) Except as provided by a contrary decision of the guardianship court, either parent is authorized to represent a child under age 16 in the asylum procedure if the other parent does not reside in the Federal territory or if his place of residence in the Federal territory is not known.

Section 13 Application for asylum

(1) An asylum application shall be deemed to have been made if it is clear from the foreigner’s written, oral or otherwise expressed desire that he is seeking protection in the Federal territory from political persecution or that he wishes protection from deportation or other return to a country where he would be subject to the threats defined in Section 60 (1) of the Residence Act.

(2) Every application for asylum is an application for recognition of refugee status as well as for recognition of entitlement to asylum, unless the foreigner expressly objects.

(3) Any foreigner who does not have the necessary entry documents shall apply for asylum at the border (Section 18). In the case of unauthorized entry he shall immediately report to a reception centre (Section 22) or apply for asylum with the foreigners authority or with the police (Section 19).

Section 14 Filing an application for asylum

(1) The application for asylum shall be filed at the branch office of the Federal Office assigned to the reception centre responsible for receiving the foreigner. Before filing the application, the foreigner shall be informed in writing and shall acknowledge receipt of the information that following the withdrawal or non-appealable rejection of his application, under Section 10 (3) of the Residence Act, the issuing of a residence title will be subject to restrictions. This information shall be provided without delay in the cases listed in (2), first sentence, no. 2.

(2) The asylum application shall be made at the Federal Office, if the foreigner

1. holds a residence title with an overall validity of more than six months;

2. is under arrest or other official custody, in a hospital, a sanatorium or an asylum or in a youth welfare institution, or

3. is not yet 16 years of age and his legal representative is not required to live in a reception centre.

The foreigners authority shall immediately transmit any written application it has received to the Federal Office.

(3) If, in the case of (2), first sentence, no. 2, the foreigner is in

1. detention pending trial,

2. prison,

3. custody preparatory to deportation pursuant to Section 62 (1) of the Residence Act,

4. detention pending deportation pursuant to Section 62 (2) first sentence, no. 1 of the Residence Act because he has stayed in the Federal territory for longer than one month without a residence permit after entering the country illegally,

5. detention pending deportation under Section 62 (2) first sentence, nos. 1a through 5 of the Residence Act,

an application for asylum shall not hinder the ordering or continuation of custody awaiting deportation. The foreigner shall be given an opportunity without delay to contact a legal adviser of his choice unless he has already secured legal counsel. Custody awaiting deportation shall be terminated as soon as the decision of the Federal Office has been delivered and no later than four weeks after the Federal Office has received the application for asylum, unless another country has been requested to admit or re-admit the foreigner on the basis of European Community law or an international treaty on the responsibility of processing asylum applications, or unless the application for asylum has been rejected as unfounded.

Section 14a Family unity

(1) When an application for asylum is filed in accordance with Section 14, the application also includes each unmarried child under age 16 residing in the Federal territory at the time without the right to freedom of movement or without a residence title, if the child has not already filed an application for asylum.

(2) If a foreigner’s unmarried child under age 16 enters Federal territory or is born here after the foreigner has applied for asylum, the Federal Office shall be notified immediately if one parent has permission to reside (Aufenthaltsgestattung) or is residing in Federal territory after the asylum procedure has been completed without a residence title or with a residence permit pursuant to Section 25 (5) of the Residence Act. Such notification shall be the responsibility of both the child’s representative as defined in Section 12 (3) and the foreigners authority. As soon as the Federal Office has received the notification, the application for asylum shall be considered filed on behalf of the child.

(3) The child’s representative as defined in Section 12 (3) may waive the processing of an asylum application for the child at any time by stating that the child faces no threat of political persecution.

(4) (1) through (3) shall also be applied if the application for asylum was filed before 1 January 2005 and the child was in the Federal territory at that time, arrived later or was born here.

Section 15 General obligations to cooperate

(1) Foreigners shall be personally required to cooperate in establishing the facts of the case. This shall apply also to foreigners represented by a legal adviser.

(2) The foreigner shall be required in particular to

1. provide the necessary information orally, and on request also in writing, to the authorities responsible for implementing this Act;

2. inform the Federal Office without delay if he has been granted a residence title;

3. comply with statutory and official orders which require him to report to specific authorities or institutions or to personally appear there;

4. present, hand over and surrender his passport or passport substitute to the authorities responsible for implementing this Act;

5. present, hand over and surrender all necessary certificates and any other documents in his possession to the authorities responsible for implementing this Act;

6. cooperate, if he does not have a valid passport or passport substitute, in obtaining an identity document;

7. undergo the required identification measures.

(3) Necessary certificates and other documents within the meaning of (2), no. 5 shall include in particular

1. any certificates and documents apart from the passport or passport substitute which might aid in establishing the foreigner’s identity and nationality;

2. visas, residence permits and other border-crossing documents issued by other countries;

3. air tickets and other transport tickets;

4. documents concerning the travel route from the home country to the Federal territory, the means of transport used and time spent in other countries after leaving the country of origin and before entering the Federal territory; and

5. any other certificates and documents which the foreigner uses to substantiate his claim or which are relevant for the decisions and measures to be taken under asylum and foreigners law, including the decision and enforcement of possible deportation to another country.

(4) The authorities responsible for implementing this Act may search the foreigner and the items he carries with him if he fails to comply with his obligations under (2), nos. 4 and 5 above, and if there are indications that he has such documents. The foreigner may be searched only by a person of the same sex.

(5) The withdrawal of the asylum application shall not terminate the foreigner’s obligation to cooperate.

Section 16 Documenting, establishing and checking identity

(1) The identity of any foreigner who applies for asylum shall be established by means of identification measures unless he is under 14 years of age. Pursuant to sentence 1 above, only photographs and prints of all ten fingers may be taken. In order to determine the foreigner’s country or region of origin, the foreigner’s oral statements may be recorded on audio and data media other than at his formal hearing. Such recordings may only be made if the foreigner is informed beforehand. These recordings shall be kept at the Federal Office.

(1a) In order to check the authenticity of the foreigner’s document or identity, the biometric and other data stored electronically within the passport, official passport substitute or other identity documents may be read, the necessary biometric data obtained from the foreigner and compared with the biometric data from the document. Biometric data pursuant to sentence 1 include only fingerprints, photograph and iris scan.

(2) Responsibility for the measures pursuant to (1) and (1a) shall rest with the Federal Office and, if the foreigner applies there for asylum, also with the authorities under Sections 18 and 19 as well as with the reception centre where the foreigner registers.

(3) The Federal Criminal Police Office shall assist in evaluating the data obtained pursuant to (1) first sentence for the purpose of establishing identity. For this purpose it may also use identity records that it has stored in order to carry out its duties. The Federal Criminal Police Office may not inform the authorities listed in (2) why these records are being stored, unless other regulations provide otherwise.

(4) The Federal Criminal Police Office shall file data obtained under (1) first sentence separately from other identity records.

(4a) Data obtained pursuant to (1) first sentence for purposes of establishing the identity or nationality of the foreigner may be transmitted to the Federal Office of Administration in order to compare them with data pursuant to Section 49b of the Residence Act. Section 89a of the Residence Act shall apply accordingly.

(5) The processing and use of data obtained pursuant to (1) shall also be permissible for the purpose of establishing the foreigner’s identity or identifying evidence for purposes of criminal prosecution and threat prevention. The data may furthermore be used in order to identify unknown or missing persons.

(6) Data obtained pursuant to (1) shall be destroyed ten years after the enforceable completion of the asylum procedure; data obtained pursuant to (1a) shall be destroyed immediately after checking the authenticity of the foreigner’s document or identity.

Section 17 Interpreters/translators

(1) If the foreigner does not have sufficient command of the German language, an interpreter, translator or other language mediator shall be provided at the hearing as standard procedure in order to translate into the foreigner’s native language or another language which the foreigner can reasonably be supposed to understand and in which he can communicate orally.

(2) The foreigner shall have the right to call in, at his own expense, a suitable interpreter/translator of his choice.

Sub-chapter two: Initiating the asylum procedure

Section 18 Tasks of the border authority

(1) Any foreigner requesting asylum with an authority charged with police supervision of cross-border traffic (border authority) shall immediately be referred to the competent reception centre, or, if that is not known, to the nearest one, for the purpose of registration.

(2) The foreigner shall be refused entry if

1. he enters from a safe third country (Section 26a);

2. there are indications that another country is responsible for processing the asylum application based on European Community law or international treaty and proceedings to admit or re-admit have been initiated;

3. he poses a threat to the general public, because he is subject to an enforceable custodial sentence of at least three years’ imprisonment in the Federal Republic of Germany on account of a particularly serious criminal offence and if he left the country less than three years previously.

(3) The foreigner shall be removed if the border authority finds him near the border immediately before or after an illegal entry and if the conditions in (2) apply.

(4) If a foreigner enters from a safe third country (Section 26a), the authorities shall refrain from refusing entry or from removing the foreigner if

1. the Federal Republic of Germany is responsible for processing an asylum application based on European Community law or an international treaty with the safe third country; or if

2. the Federal Ministry of the Interior has so ordered on humanitarian grounds, for reasons of international law or in the political interests of the Federal Republic of Germany.

(5) The border authority shall take the foreigner’s photograph and fingerprints.

Section 18a Procedure in case of entry by air

(1) In the case of foreigners from a safe country of origin (Section 29a) who wish to enter via an airport and apply for asylum with the border authority, the asylum procedure shall be conducted prior to the decision on entry, if the foreigner can be accommodated on the airport premises during the procedure or cannot be accommodated on the airport premises only because of a necessary hospital stay. The same applies to foreigners who request asylum from the border authorities at an airport and who are unable to prove their identity with a valid passport or other means of identification. The foreigner shall immediately be given the opportunity to file an asylum application with the branch office of the Federal Office assigned to the border checkpoint. The Federal Office shall interview the foreigner in person without delay. The foreigner shall immediately thereafter be given the opportunity to contact a legal adviser of his choice, unless he has already secured legal counsel. Section 18 (2) shall remain unaffected.

(2) If the Federal Office rejects the asylum application as being manifestly unfounded, the Federal Office shall warn the foreigner pursuant to Sections 34 and 36 (1) that he will be deported should he enter the country.

(3) If the asylum application is rejected as being manifestly unfounded, the foreigner shall not be allowed to enter the country. The decisions of the Federal Office together with the refusal of entry shall be delivered by the border authority. The border authority shall immediately send a copy of its decision and the administrative file of the Federal Office to the competent administrative court.

(4) Any application for temporary legal remedy pursuant to the Code of Administrative Court Procedure shall be filed within three days from the date the decisions of the Federal Office and of the border authority are delivered. The application may be filed with the border authority. The foreigner shall be informed of this. Section 58 of the Code of Administrative Court Procedure shall be applied mutatis mutandis. The decision should be issued in writing. Section 36 (4) shall be applied. If an application is filed on time, the refusal of entry shall not be enforced prior to the court decision (Section 36 (3) ninth sentence).

(5) Any application pursuant to (4) shall be aimed at the granting of entry and, in the case of entry, against the notification announcing deportation. The court order allowing the foreigner to enter the country shall at the same time serve to suspend deportation.

(6) The foreigner shall be allowed entry if

1. the Federal Office informs the border authority that it is not able to decide the case within a short time;

2. the Federal Office has not taken a decision on the asylum application within two days of its being filed;

3. the court has not taken a decision on an application pursuant to (4) within two weeks, or

4. the border authority has not requested detention as required by Section 15 (6) of the Residence Act or the judge has refused to order or extend detention.

Section 19 Tasks of the foreigners authority and the police

(1) Any foreigner requesting asylum at a foreigners authority or the police of a Land shall, in cases pursuant to Section 14 (1) above, immediately be referred to the competent reception centre, or, if that is not known, to the nearest one, for the purpose of registration.

(2) The foreigners authority and the police shall take the foreigner’s photograph and fingerprints (Section 16 (1)).

(3) A foreigner who has entered the country without authorization from a safe third country (Section 26a) may be removed to such country without previously being referred to a reception centre in accordance with Section 57 (1) of the Residence Act. In this case the foreigners authority shall order the foreigner to be removed as soon as it has been ascertained that the removal can be carried out.

(4) Provisions on arrest and detention shall remain unaffected.

Section 20 Referral to a reception centre

(1) Pursuant to Section 18 (1) or Section 19 (1), foreigners are required to comply with a referral to a reception centre immediately or by the deadline specified by the relevant authority.

(2) If after filing an asylum application, the foreigner fails to comply with (1) purposely or due to gross negligence, Section 71 shall apply to any later application for asylum mutatis mutandis. In derogation from Section 71 (3) third sentence, a hearing shall be held. The authority to which the foreigner has applied for asylum shall inform him in writing of these legal consequences, and the foreigner shall acknowledge receipt of this information. If it is impossible to inform the foreigner pursuant to the third sentence, the foreigner shall be escorted to the reception centre.

(3) The authority referring the foreigner to a reception centre shall immediately inform the reception centre in writing of the referral, the filing of an asylum application and the information provided to the foreigner pursuant to (2) third sentence. The reception centre shall immediately, or no later than one week after receiving the information pursuant to the first sentence, inform the assigned branch office of the Federal Office whether the foreigner has been admitted to the reception centre and shall send the information pursuant to the first sentence.

Section 21 Retention and transfer of documents

(1) Any authority referring a foreigner to a reception centre shall take into custody the documents pursuant to Section 15 (2) nos. 4 and 5 and transmit them without delay to the reception centre. Any identification records shall be enclosed.

(2) If a foreigner reports directly to the reception centre responsible for receiving him, the documents shall be taken into custody by the reception centre.

(3) The reception centre responsible for receiving the foreigner shall forward the documents without delay to the assigned branch office of the Federal Office.

(4) Copies of the documents taken into custody shall be provided to the foreigner on request.

(5) The documents shall be returned to the foreigner when they are no longer needed for the asylum procedure or for measures terminating residence.

Section 22 Registration requirements

(1) Any foreigner required to file his asylum application with a branch office of the Federal Office (Section 14 (1)), shall register in person at a reception centre. This centre shall receive him or refer him to the reception centre responsible for receiving him; in case of referral, the foreigner’s fingerprints and photograph shall be taken, if possible.

(2) The Land government or its designated agency may determine that

1. registration pursuant to (1) shall be effected at a specific reception centre,

2. any foreigner referred from another Land shall initially report to a specific reception centre.

The foreigner’s fingerprints and photograph shall be taken during his stay in the specific reception centre referred to in the first sentence. In cases where the provisions of Sections 18 (1) and 19 (1) above apply, the foreigner shall be referred to this reception centre.

(3) Pursuant to (1) second sentence or (2), foreigners are required to comply with a referral to the responsible reception centre immediately or by the deadline specified by the reception centre. If the foreigner fails to comply with the requirement in the first sentence purposely or due to gross negligence, Section 20 (2) and (3) shall apply mutatis mutandis. The reception centre shall inform the foreigner in writing of these legal consequences, and the foreigner shall acknowledge receipt of this information.

Section 22a Admission to process an asylum application

Any foreigner who has been admitted under European Community law or an international treaty for the purpose of processing an asylum application shall have the same status as a foreigner who has applied for asylum. The former is required to proceed, upon or immediately after entry, to the agency named by the Federal Ministry of the Interior or by its designated agency.

Sub-chapter three: Procedure before the Federal Office

Section 23 Filing an application at the branch office

(1) Any foreigner who has been received by the reception centre shall be required to appear in person and without delay or at the date determined by the reception centre at the branch office of the Federal Office for the purpose of filing his asylum application.

(2) If the foreigner fails to comply with (1) purposely or due to gross negligence, Section 71 shall apply to any later application for asylum mutatis mutandis. In derogation from Section 71 (3) third sentence, a hearing shall be held. The reception centre shall inform the foreigner in writing of these legal consequences against acknowledgement of receipt. The reception centre shall inform its assigned branch office of the Federal Office without delay that the foreigner has been admitted to the reception centre and given the information under the third sentence.

Section 24 Obligations of the Federal Office

(1) The Federal Office shall clarify the facts of the case and compile the necessary evidence. After the application for asylum has been filed, the Federal Office shall inform the foreigner in a language he can reasonably be supposed to understand about the course of the procedure and about his rights and duties, especially concerning deadlines and the consequences of missing a deadline. It shall interview the foreigner in person. The interview may be dispensed with if the Federal Office intends to recognize the foreigner’s entitlement to asylum or if the foreigner claims to have entered the Federal territory from a safe third country (Section 26a). The interview shall be dispensed with if an asylum application has been filed for a child under age 6 born in the Federal territory and if the facts of the case have been sufficiently clarified based on the case files of one or both parents.

(2) After the application has been filed, the Federal Office shall determine whether there are any obstacles to deportation pursuant to Section 60 (2) through (5) or (7) of the Residence Act.

(3) The Federal Office shall inform the foreigners authority immediately of

1. its decision and

2. grounds presented by the foreigner or otherwise apparent

a) for suspending deportation, in particular the need to obtain documents necessary to conduct a return, or

b) which, pursuant to Section 25 (3) second sentence (a) through (d) of the Residence Act, could be an obstacle to issuing a residence permit.

(4) If a decision on the asylum application is not taken within six months, the Federal Office shall inform the foreigner upon request as to when a decision is likely to be taken.

Section 25 Interview

(1) The foreigner himself shall present the facts justifying his fear of political persecution and provide the necessary details. The necessary details shall include information concerning residences, travel routes, time spent in other countries and information on whether a procedure aimed at obtaining recognition as a foreign refugee or an asylum application has already been initiated or completed in other states or on the Federal territory.

(2) The foreigner shall relate all other facts or circumstances which preclude deportation or deportation to a specific country.

(3) If the foreigner produces such facts only at a later stage, they may be ignored if the decision of the Federal Office would otherwise be delayed. The foreigner shall be informed of this provision and of Section 36 (4) third sentence.

(4) For a foreigner required to reside in a reception centre, the interview should be arranged to coincide with the filing of the asylum application. It shall not be necessary to issue special summons requiring the foreigner and his legal adviser to appear. This provision shall apply mutatis mutandis if the foreigner is informed of the interview date at the time he files his application or within one week thereafter. If the interview cannot take place on the same day, the foreigner and his legal adviser shall be informed without delay of the date of the interview. If the foreigner fails to appear at the interview without an adequate excuse, the Federal Office shall decide, on the basis of the record as it stands, taking into account the foreigner’s failure to cooperate.

(5) In the case of foreigners who are not required to reside in a reception centre, a personal interview may be dispensed with if the foreigner fails to comply with a summons for a personal interview without an adequate excuse. In this case, the foreigner shall be given opportunity to state his case in writing within a period of one month. If the foreigner fails to state his case within this period, the Federal Office shall decide on the basis of the record as it stands, taking into account the foreigner’s failure to cooperate. Section 33 shall remain unaffected.

(6) The interview shall not be open to the public. It may be attended by persons who show proof of their identity as representatives of the Federation, of a Land, the United Nations High Commissioner for Refugees or the Special Commissioner for Refugee Matters at the Council of Europe. The head of the Federal Office or his deputy may allow other persons to attend.

(7) A record of the interview containing the essential information produced by the foreigner shall be kept. A copy of this record shall be given to the foreigner or sent to him with the Federal Office’s decision.

Section 26 Family asylum and refugee protection for families

(1) The spouse of a person entitled to asylum shall be recognized as entitled to asylum if

1. the recognition of the foreigner as a person entitled to asylum is incontestable,

2. the couple was already married in the country where the person entitled to asylum is politically persecuted,

3. the spouse filed an asylum application before or at the same time as the person entitled to asylum or immediately after entry and

4. there is no reason to repeal or withdraw the recognition of the person entitled to asylum.

(2) A child of the foreigner who was minor and unmarried at the time the asylum application was filed shall be recognized as entitled to asylum if the foreigner’s entitlement to asylum is incontestable and there is no reason to repeal or withdraw the recognition of entitlement to asylum.

(3) (1) and (2) shall not apply to spouses or children who fulfil the prerequisites listed in Section 60 (8) first sentence of the Residence Act or Section 3 (2). (2) shall not apply to children of a foreigner recognized as entitled to asylum pursuant to (2).

(4) (1) through (3) shall be applied mutatis mutandis to spouses and children of foreigners granted refugee status. Refugee status shall take the place of entitlement to asylum.

Section 26a Safe third countries

(1) Any foreigner who has entered the Federal territory from a third country within the meaning of Article 16a (2) first sentence of the Basic Law (safe third country) cannot invoke Article 16a (1) of the Basic Law. He shall not be recognized as being entitled to asylum. The first sentence above shall not apply if

1. the foreigner held a residence title for the Federal Republic of Germany at the time he entered the safe third country;

2. the Federal Republic of Germany is responsible for processing an asylum application based on European Community law or an international treaty with the safe third country; or if

3. the foreigner has not been refused entry or removed on account of an order pursuant to Section 18 (4) no. 2 above.

(2) In addition to the Member States of the European Union, safe third countries are those listed in Appendix I.

(3) The Federal Government shall resolve by statutory ordinance without the consent of the Bundesrat that a country listed in Appendix I is no longer deemed a safe third country if changes in its legal or political situation give reason to believe that the requirements mentioned in Article 16a (2) first sentence of the Basic Law have ceased to exist. The ordinance shall expire no later than six months after it has entered into force.

Section 27 Safety elsewhere from persecution

(1) A foreigner who was already safe from political persecution in another third country shall not be recognized as a person entitled to asylum.

(2) If the foreigner holds a travel document issued by a safe third country (Section 26a) or by another third country pursuant to the Convention related to the status of refugees, it shall be presumed that he was safe from political persecution in that country.

(3) If before entering the Federal territory, a foreigner has lived for more than three months in another third country where he is not threatened by political persecution, it shall be presumed that he was safe there from political persecution. This shall not apply if the foreigner provides plausible evidence that deportation to another country where he is threatened by political persecution could not be ruled out with reasonable certainty.

Section 27a Responsibility of another country

An application for asylum shall be inadmissible if another country is responsible for processing an asylum application based on European Community law or an international treaty.

Section 28 Post-flight reasons

(1) As a rule, a foreigner shall not be recognized as being entitled to asylum if the threat of political persecution is based on circumstances resulting from a deliberate decision by the foreigner after leaving his country of origin, unless this decision is in line with firm convictions he clearly acted on while still in his country of origin. The first sentence shall not apply in particular if the foreigner, due to his age and level of maturity in the country of origin, was not yet able to form firm convictions of his own.

(1a) A threat pursuant to Section 60 (1) of the Residence Act may be based on events that occurred after the foreigner left his country of origin, and in particular on conduct by the foreigner that expresses a continuing conviction or orientation that already existed in the country of origin.

(2) If the foreigner again applies for asylum after withdrawal or incontestable rejection of an earlier application, and the new application is based on circumstances of his own creation after the withdrawal or incontestable rejection of the earlier application, he cannot as a rule be granted refugee status in a subsequent procedure.

Section 29 Unfounded applications for asylum

(1) An asylum application shall be unfounded if it is obvious that the foreigner was already safe from political persecution in another third country and if it is possible to return him to this country or to another country where he is safe from political persecution.

(2) If it is impossible to return him within a period of three months, the asylum procedure shall be continued. The foreigners authority shall inform the Federal Office without delay.

(3) (repealed)

Section 29a Safe country of origin

(1) The asylum application of any foreigner from a country within the meaning of Article 16a (3) first sentence of the Basic Law (safe country of origin) shall be turned down as being manifestly unfounded, unless the facts or evidence produced by the foreigner give reason to believe that he faces political persecution in his country of origin in spite of the general situation there.

(2) In addition to the Member States of the European Union, safe countries of origin are those listed in Appendix II.

(3) The Federal Government shall resolve by statutory ordinance without the consent of the Bundesrat that a country listed in Appendix II is no longer deemed a safe country of origin if changes in its legal or political situation give reason to believe that the requirements mentioned in Article 16a (3) first sentence of the Basic Law have ceased to exist. The ordinance shall expire no later than six months after it has entered into force.

Section 30 Manifestly unfounded applications for asylum

(1) An asylum application shall be manifestly unfounded if the prerequisites for recognition as a person entitled to asylum and the prerequisites for granting refugee status are obviously not met.

(2) In particular, an asylum application shall be manifestly unfounded if it is obvious from the circumstances of the individual case that the foreigner remains in the Federal territory only for economic reasons or in order to evade a general emergency situation or an armed conflict.

(3) An unfounded asylum application shall be rejected as being manifestly unfounded if

1. key aspects of the foreigner’s statements are unsubstantiated or contradictory, obviously do not correspond the facts or are based on forged or falsified evidence;

2. the foreigner misrepresents his identity or nationality or refuses to state his identity or nationality in the asylum procedure;

3. he has filed another asylum application or asylum request using different personal data;

4. he filed an asylum application in order to avert an imminent termination of residence although he had had sufficient opportunity to file an asylum application earlier;

5. he grossly violated his obligations to cooperate pursuant to Section 13 (3) second sentence, Section 15 (2) nos. 3 through 5, or Section 25 (1) above, unless he is not responsible for violating his obligations to cooperate or there are important reasons why he was unable to comply with his obligations to cooperate;

6. he has enforceably been expelled pursuant to Sections 53 and 54 of the Residence Act; or

7. the asylum application has been filed on behalf of a foreigner without legal capacity under this Act, or is considered under Section 14a to have been filed after asylum applications by the parent(s) with the right of custody has been incontestably rejected.

(4) Furthermore, an asylum application shall be rejected as manifestly unfounded if the requirements of Section 60 (8) first sentence of the Residence Act or of Section 3 (2) apply.

(5) An application filed with the Federal Office shall also be rejected as manifestly unfounded if, due to its content, it does not constitute an asylum application in the sense of Section 13 (1).

Section 31 Decision of the Federal Office on asylum applications

(1) The decision of the Federal Office shall be issued in writing. It shall contain a justification in writing and be delivered to those concerned, along with information on legal remedy. If no representative has been appointed for the procedure, a translation of the decision and the information on legal remedy in a language the foreigner can reasonably be assumed to understand shall be enclosed; persons entitled to asylum and foreigners granted refugee status or in whose case the Federal Office has issued a deportation ban pursuant to Section 60 (2) through (5) or (7) of the Residence Act shall also be informed of the resulting rights and duties. If the asylum application is rejected only pursuant to Section 26a or Section 27a, the decision together with the deportation order under Section 34a shall be delivered to the foreigner himself. It may also be delivered to him by the authority responsible for the deportation or for carrying out the deportation. If the foreigner has an authorized representative or if he has named an authorized receiving agent, a copy of the decision shall be forwarded to the representative or agent.

(2) In decisions on relevant asylum applications and in decisions pursuant to Section 30 (5) it shall be expressly determined whether the foreigner shall be granted refugee status and whether he shall be recognized as entitled to asylum. The latter determination shall be dispensed with if the application was restricted to determining whether the applicant should be granted refugee status.

(3) In cases pursuant to (2) and in decisions on unfounded asylum applications it shall be determined whether there are reasons precluding deportation pursuant to Section 60 (2) through (5) or (7) of the Residence Act. This may be dispensed with if the foreigner is recognized as being entitled to asylum or granted refugee status.

(4) If the asylum application is rejected only pursuant to Section 26 a it shall only be determined that the foreigner is not entitled to the right of asylum because he entered the Federal territory from a safe third country. In cases listed in Section 26 (1) through (3), Section 26 (4) shall remain unaffected.

(5) If a foreigner is recognized as being entitled to asylum pursuant to Section 26 (1) or (2), the determinations pursuant to Section 60 (2) through (5) and (7) of the Residence Act and the granting of refugee status pursuant to Section 3 (4) should be dispensed with. If a foreigner is granted refugee status pursuant to Section 26 (4), the determinations pursuant to Section 60 (2) through (5) and (7) of the Residence Act should be dispensed with.

(6) If the asylum application is rejected as inadmissible pursuant to Section 27a, the foreigner shall be informed in the decision which other country is responsible for the asylum procedure.

Section 32 Decision in case of withdrawal or abandonment of the application

If the asylum application is withdrawn or abandoned in the meaning of Section 14a (3), the Federal Office shall indicate in its decision that the asylum procedure has been discontinued and whether there are any obstacles to deportation pursuant to Section 60 (2) through (5) or (7). In the cases listed in Section 33, the Federal Office shall decide on the basis of the record as it stands.

Section 32a Suspension of the procedure

(1) The asylum procedure of a foreigner shall be suspended as long as he is granted temporary protection under Section 24 of the Residence Act. As long as the procedure is suspended, the foreigner’s legal status shall not be determined by this Act.

(2) The asylum application shall be deemed to be withdrawn if the foreigner does not notify the Federal Office within one month of the expiry of his residence permit that he intends to continue the asylum procedure.

Section 33 Abandonment of the application

(1) An asylum application shall be deemed to have been withdrawn if the foreigner has failed to pursue it for a period exceeding one month, despite a request by the Federal Office. The request by the Federal Office shall inform the foreigner of the consequences resulting from the preceding sentence.

(2) The asylum application shall furthermore be deemed to have been withdrawn if the foreigner has travelled to his country of origin during the asylum procedure.

(3) The foreigner shall be turned back at the border if upon entry into the country it is determined that he travelled to his country of origin during the asylum procedure and the asylum application is therefore deemed to have been withdrawn pursuant to (2). A decision of the Federal Office pursuant to Section 32 shall not be required. Section 60 (1) through (3) and (5) and Section 62 of the Residence Act shall be applied mutatis mutandis.

Sub-chapter four: Termination of residence

Section 34 Notification announcing deportation

(1) Pursuant to Sections 59 and 60 (10) of the Residence Act, the Federal Office shall issue a notification announcing deportation if the foreigner is not recognized as being entitled to asylum or is not granted refugee status and if he does not hold a residence title. A hearing of the foreigner prior to issuing the notification announcing deportation shall not be required.

(2) The notification announcing deportation is to be issued in conjunction with the decision on the asylum application.

Section 34a Deportation order

(1) If the foreigner is to be deported to a safe third country (Section 26 a) or to a country responsible for processing the asylum application (Section 27a), the Federal Office shall order his deportation to this country as soon as it has been ascertained that the deportation can be carried out. This shall also apply if the foreigner has applied only for recognition of refugee status or if he has withdrawn the asylum application prior to the decision by the Federal Office. No prior notification announcing deportation nor deadline shall be necessary.

(2) Deportation pursuant to (1) may not be suspended pursuant to Sections 80 or 123 of the Code of Administrative Court Procedure.

Section 35 Notification announcing deportation in case of unfounded applications for asylum

In the cases under Section 29 (1), the Federal Office shall notify the foreigner that he will be deported to the country where he was safe from persecution.

Section 36 Procedure in case of unfounded applications for asylum

(1) In cases where the asylum application is unfounded or manifestly unfounded, the foreigner shall be given one week to leave the country.

(2) The Federal Office shall send to the persons involved a copy of their asylum file along with the decision. The administrative file shall be transmitted without delay to the competent administrative court along with proof of delivery.

(3) Appeals of the notification announcing deportation pursuant to Section 80 (5) of the Code of Administrative Court Procedure shall be filed within one week of notification; the notice from the Federal Office is to be enclosed with the appeal. The foreigner shall be informed of this. Section 58 of the Code of Administrative Court Procedure shall be applied mutatis mutandis. The decision shall be taken in a written procedure; an oral court hearing in which the action is heard at the same time shall not be permitted. The decision is to be taken within one week of the expiry of the time-limit under (1) above. The chamber of the administrative court may extend the time-limit under sentence 5 above by one week at a time. The second and additional extensions of the time-limit shall be permissible only for serious reasons, in particular if the court is not able to take an earlier decision due to an unusually heavy workload. No deportation shall be permissible prior to a court decision if the appeal has been filed in time. A decision has been taken when the operative provisions of the decision have been signed by the judge or the judges and are available at the registry of the chamber.

(4) An order to suspend deportation may be issued only if there are serious doubts as to the legality of the administrative act against which an appeal has been filed. Facts and evidence not stated by the persons involved shall not be considered unless they are obvious or known to the court. The introduction of facts and evidence which were not considered in the administrative procedure pursuant to Section 25 (3) and facts and circumstances within the meaning of Section 25 (2), which the foreigner did not produce in the administrative procedure may be left unconsidered by the court if the decision would otherwise be delayed.

Section 37 Further procedure in case of an appeal granted by court decision

(1) The decision of the Federal Office as to whether an application is unfounded and the notification announcing deportation shall become ineffective if the appeal pursuant to Section 80 (5) of the Code of Administrative Court Procedure is granted by the administrative court. The Federal Office shall continue the asylum procedure.

(2) If, in the case of an asylum application which was turned down as being manifestly unfounded, an appeal pursuant to Section 80 (5) of the Code of Administrative Court Procedure is granted by court, the deadline for leaving the country shall be one month after the non-appealable conclusion of the asylum procedure.

(3) (1) and (2) shall not apply if, due to the decision of the administrative court, deportation to one of the countries mentioned in the notification announcing deportation becomes enforceable.

Section 38 Deadline for leaving the country in case of rejection for other reasons or withdrawal of the application

(1) In other cases where the foreigner is not recognized by the Federal Office as a person entitled to asylum, he shall be given one month to leave the country. If action is brought, the deadline for leaving the country shall be one month after the non-appealable conclusion of the asylum procedure.

(2) If the asylum application is withdrawn prior to the decision of the Federal Office, the foreigner shall be given one week to leave the country.

(3) In cases where the asylum application is withdrawn or where action is brought, the foreigner may be granted a time-limit of up to three months if he agrees to leave the country voluntarily.

Section 39 Notification announcing deportation following withdrawal of refugee status

(1) If the administrative court has withdrawn the entitlement to asylum or refugee status, the Federal Office shall issue notification announcing deportation without delay once the decision has become non-appealable. The foreigner shall be given one month to leave the country.

(2) If the revoked decision of the Federal Office does not state whether the conditions listed in Section 60 (2) through (5) or (7) of the Residence Act obtain, this statement shall be provided after the fact.

Section 40 Notification of the foreigners authority

(1) The Federal Office shall immediately inform the foreigners authority of the district where the foreigner is required to reside of any enforceable notification announcing deportation and shall immediately provide it with any documents required for the deportation. The same shall apply if the administrative court has ruled that the suspensive effect of an appeal based on a reason precluding deportation pursuant to Section 60 (2) through (5) or (7) of the Residence Act shall apply only with regard to deportation to the country concerned and if the Federal Office does not continue the asylum procedure.

(2) The Federal Office shall immediately inform the foreigners authority if the administrative court rules that the action brought against the notification announcing deportation is to have a suspensive effect in cases pursuant to Sections 38 (2) and 39 above.

(3) If the Federal Office delivers the deportation order (Section 34a) to the foreigner, the Federal Office shall immediately inform the authority responsible for the deportation of such delivery.

Section 41

(repealed)

Section 42 Binding effect of decisions under foreigners law

The foreigners authority shall be bound by the decision of the Federal Office or the administrative court concerning the existence of reasons precluding deportation pursuant to Section 60 (2) through (5) or (7) of the Residence Act. The foreigners authority shall decide whether a reason precluding deportation pursuant to Section 60 (4) of the Residence Act has arisen or ceased to exist at a later stage; such decision shall not require the decision taken by the Federal Office to be suspended.

Section 43 Enforceability and suspension of deportation

(1) If the foreigner possessed a residence title, a notification announcing deportation which is enforceable under the terms of this Act may not be enforced until the foreigner is also enforceably required to leave the country pursuant to Section 58 (2) second sentence of the Residence Act.

(2) If the foreigner has applied for an extension of a residence title with an overall validity of more than six months, the notification announcing deportation shall not be enforceable until after the application has been rejected. As for the rest, Section 81 of the Residence Act shall not preclude deportation.

(3) Where spouses or parents and their minor, unmarried children have filed an asylum application simultaneously or in each case immediately upon their entry, the foreigners authority may temporarily suspend deportation in order to enable the family to leave the country together. The foreigners authority shall issue the foreigner a certificate confirming the suspension of deportation.

Section 43a

(repealed)

Section 43b

(repealed)

Chapter Three: Accommodation and distribution

Section 44 Setting up and maintaining reception centres

(1) The Länder shall be required to set up and maintain reception centres necessary to accommodate asylum applicants and to provide the necessary number of places in the reception centres for newly arrived asylum applicants allocated to them on the basis of their respective admission quotas.

(2) The Federal Ministry of the Interior or the authority designated by it shall inform the Länder each month of the number of new asylum applicants, the prospective trend and the prospective need for accommodation.

(3) Section 45 of Book Eight of the Social Code (Article 1 of the Act dated 26 June 1990, Federal Law Gazette I, p. 1163) shall not apply to reception centres.

Section 45 Admission quotas

The Länder may agree to define a key for distributing asylum applicants among the individual Länder (admission quota). Until such an agreement has been concluded or if such an agreement should cease to exist, the admission quota for the current calendar year shall be based on the key calculated for the previous calendar year in line with tax revenues and population and published in the Federal Gazette by the office of the Bund-Länder Commission for Educational Planning and Research Promotion (Königstein key).

Section 46 The responsible reception centre

(1) The reception centre where the foreigner has registered shall be responsible for receiving him, if it has space available under the terms of the quota referred to in Section 45 and if the branch office of the Federal Office assigned to it processes asylum applications from the foreigner’s country of origin. Where these prerequisites are not met, the reception centre designated in (2) shall be responsible for receiving the foreigner.

(2) Upon request by a reception centre, a central distributing agency designated by the Federal Ministry of the Interior shall indicate which reception centre is responsible for receiving the foreigner. This shall be based on the admission quotas referred to in Section 45, the available vacancies according to these quotas and finally the processing capacities of the competent branch office of the Federal Office with regard to the foreigners’ countries of origin. If more than one reception centre meets the aforementioned criteria, the nearest one shall be designated to be responsible for receiving the foreigner.

(3) The requesting reception centre shall inform the central distributing agency only of the number of foreigners and their respective countries of origin. Spouses and parents with their minor, unmarried children shall be reported as a group.

(4) The Länder shall ensure that the central distributing agency has at all times the information needed to determine which reception centre is responsible, in particular information on how many foreigners have arrived and departed, how full each reception centre is and how many vacancies each reception centre has.

(5) If there are no more vacancies in the reception centres of a Land which is nevertheless required under the quota system to accept foreigners, the government of the Land concerned or an authority designated by it shall inform the central distributing agency which reception centre is responsible for admitting foreigners.

Section 47 Residence in reception centres

(1) Foreigners required to file their asylum application with a branch office of the Federal Office (Section 14 (1)), shall be required to live for a period of up to six weeks, but no longer than three months, in the reception centre responsible for receiving them. The same shall apply in cases pursuant to Section 14 (2) no. 2 if the conditions under this provision cease to exist before the Federal Office has taken a decision.

(2) If the parents of a minor, unmarried child are required to live in a reception centre, the child may also live in the reception centre, even if he/she has not filed an asylum application.

(3) During the period of obligatory residence in a reception centre, the foreigner shall be required to ensure that the competent authorities and courts can contact him.

(4) Within 15 days of the filing of an asylum application, the reception centre shall inform the foreigner, if possible in writing and in a language which he can reasonably be assumed to understand, of his rights and duties under the Act on Benefits for Asylum Seekers. With the information referred to in the first sentence, the reception centre shall also inform the foreigner about who is able to provide legal counsel and which organizations can advise him on accommodations and medical care.

Section 48 Termination of the obligation to reside in a reception centre

The obligation to live in a reception centre shall end before three months have elapsed if the foreigner

1. is required to take up residence in another place or in other accommodation;

2. has been incontestably recognized as being entitled to asylum or incontestably granted refugee status; or

3. if he meets the requirements for a legal claim to a residence title under the Residence Act after having filed an application through marriage on Federal territory.

Section 49 Release from the reception centre

(1) The obligation to reside at a reception centre shall be terminated if a notification announcing deportation is enforceable and it is impossible to enforce deportation at short notice; or if the foreigner is to be issued a residence permit pursuant to Section 24 of the Residence Act.

(2) The obligation may be terminated for reasons of public health, for other reasons of public security and order or for other compelling reasons.

Section 50 Distribution within a Land

(1) Foreigners shall be immediately released from the reception centre and distributed within the Land concerned if the Federal Office informs the responsible Land authority that

1. it is impossible to decide or to decide at short notice whether the asylum application is unfounded or manifestly unfounded or whether the prerequisites listed in Section 60 (2) through (5) or (7) of the Residence Act are fulfilled by the foreigner, his spouse or his minor, unmarried child; or that

2. the administrative court has ruled that the action brought against the decision of the Federal Office shall have suspensive effect.

Distribution may also be carried out if the foreigner’s obligation to live in the reception centre ceases for other reasons.

(2) The Land government or the authority designated by it shall be authorized to regulate distribution by means of a statutory ordinance if this is not regulated by Land law.

(3) The responsible Land authority shall inform the Federal Office within three working days of the district of the foreigners authority where the foreigner is to take up residence after the distribution procedure.

(4) The responsible Land authority shall issue the allocation decision. The allocation decision shall be issued in writing and shall include information on legal remedy. A justification shall not be required. A hearing of the foreigner concerned shall not be required. The allocation shall take into account the domestic community of spouses and their children who are under the age of 18.

(5) The allocation decision shall be delivered to the foreigner himself. If the foreigner is represented by a legal adviser or if he has designated an authorized receiving agent, the legal adviser or the authorized receiving agent shall also receive a copy of the allocation decision.

(6) The foreigner shall immediately proceed to the authority designated in the allocation decision.

Section 51 Distribution among Länder

(1) If a foreigner is not or no longer required to live in a reception centre, the domestic community of spouses and parents with their minor, unmarried children or other humanitarian reasons of comparable weight shall be taken into account also by means of allocation among the Länder.

(2) Allocation pursuant to the preceding paragraph shall be effected at the foreigner’s request. The responsible authority of the Land where the foreigner has requested residence shall decide on the request.

Section 52 Calculation of quotas

Asylum applicants admitted pursuant to Section 14 (2) no. 3, Section 14a and Section 51 shall be counted in the quotas under Section 45 above.

Section 53 Collective accommodation

(1) Foreigners who have filed an asylum application and are not or no longer required to live in a reception centre, should, as a rule, be housed in collective accommodation. In this context, both the public interest and the foreigner’s interests shall be taken into account.

(2) The foreigner’s obligation to live in collective accommodation shall end when the Federal Office has recognized him as a person entitled to asylum or when a court has required the Federal Office to recognize him, even if an appeal has been made, as long as the foreigner is able to prove that he has found accommodation elsewhere and that this will not result in additional costs for a public authority. The same shall apply if the Federal Office or a court grants the foreigner refugee status. In cases pursuant to sentences 1 and 2 above the obligation shall also terminate for the foreigner’s spouse and minor children.

(3) Section 44 (3) shall apply mutatis mutandis.

Section 54 Notification of the Federal Office

The foreigners authority in whose district the foreigner is required to stay shall immediately inform the Federal Office

1. of the address under which summons may be served on the foreigner;

2. of any alert to determine the foreigner’s place of residence.

Chapter Four: Right of residence during the asylum procedure

Section 55 Permission to reside in Germany

(1) Foreigners seeking asylum shall be granted permission to reside (Aufenthaltsgestattung) in the Federal territory for the purpose of processing the asylum application. They shall not be entitled to reside in a specific Land or a specific place. Foreigners who have entered the Federal territory unlawfully from a safe third country (Section 26a) shall acquire the permission to reside upon filing an asylum application.

(2) Filing an asylum application shall automatically cancel any exemption from the obligation to hold a residence title, cancel any residence title with an overall validity of up to six months and cancel the effects of an application for a residence title listed in Section 81 (3) and (4) of the Residence Act. Section 81 (4) of the Residence Act shall remain unaffected if the foreigner has held a residence title with an overall validity of more than six months and has applied for its extension.

(3) To the extent that acquiring or exercising a right or a privilege depends on the length of the stay in the Federal territory, the length of residence pursuant to (1) shall be counted only if the foreigner has been non-appealably recognized as a person entitled to asylum or has been non-appealably granted refugee status.

Section 56 Geographic restrictions

(1) The permission to reside (Aufenthaltsgestattung) shall be limited to the district of the foreigners authority where the reception centre responsible for receiving the foreigner is located. In cases pursuant to Section 14 (2) first sentence, the permission to reside shall be limited to the district of the foreigners authority where the foreigner is staying.

(2) If the foreigner is required to take up residence in the district of another foreigners authority, the permission to reside shall be limited to that district.

(3) Geographic restrictions shall remain in force, even after expiry of the permission to reside, until they are lifted. In derogation from the first sentence, geographic restrictions shall expire when residence is regarded as legal under Section 25 (1) third sentence or Section 25 (2) second sentence of the Residence Act or when a residence title is issued.

Section 57 Leaving the area of a reception centre

(1) A foreigner required to reside in a reception centre may be permitted by the Federal Office to temporarily leave the area specified in his permission to reside (Aufenthaltsgestattung) if compelling reasons so require.

(2) Such permission is to be granted without delay in order to enable the foreigner to keep appointments with legal representatives, the United Nations High Commissioner for Refugees and organizations providing welfare services to refugees.

(3) The foreigner shall need no permission to attend appointments at authorities or court hearings where his personal appearance is necessary. He shall inform the reception centre and the Federal Office of such appointments.

Section 58 Leaving an assigned area of residence

(1) A foreigner who is not or no longer required to reside in a reception centre may be allowed by the foreigners authority to temporarily leave the area for which his permission to reside is valid or to generally stay in the neighbouring district of another foreigners authority. This permission shall be granted if an urgent public interest applies, if it is necessary for compelling reasons or if refusing permission would constitute undue hardship. This permission shall require the consent of the foreigners authority for whose district the general stay is permitted.

(3) The foreigner shall need no permission to attend appointments at authorities or court hearings where his personal appearance is necessary.

(4) A foreigner shall be allowed to temporarily leave without permission the area in which he is permitted to reside, if the Federal Office has recognized him as a person entitled to asylum or if a court has required the Federal Office to recognize him, even if the decision is still subject to appeal; the same shall apply if the Federal Office or a court has granted the foreigner refugee status or protection against deportation pursuant to Section 60 (2), (3), (5) or (7) of the Residence Act. Sentence 1 shall apply mutatis mutandis to the foreigner’s spouse and minor, unmarried children.

(5) The foreigners authority of a district (Kreis) or a municipality belonging to a district may grant a foreigner the general permission to stay temporarily anywhere within the district.

(6) In order to take local circumstances into account, Land governments may provide by statutory ordinance that foreigners shall need no permission to stay temporarily in an area encompassing the jurisdiction of multiple foreigners authorities.

Section 59 Enforcing geographical restrictions

(1) If necessary, the obligation to leave pursuant to Section 12 (3) of the Residence Act may, even without prior notification, be enforced by means of immediate force. The travel route and means of transport are to be prescribed.

(2) The foreigner shall be arrested and taken into custody upon order of the court in order to enforce the obligation to leave, if it cannot be guaranteed that he would voluntarily comply with the obligation to leave also in the cases listed in Section 56 (3) and if it would otherwise be considerably more difficult or even impossible to enforce this obligation.

(3) Measures pursuant to (1) and (2) above shall be the responsibility of

1. the police forces of the Länder,

2. the border authority where the foreigner asks for asylum,

3. the foreigners authority in whose district the foreigner is staying,

4. the reception centre where the foreigner registers and

5. the reception centre which has received the foreigner.

Section 60 Restrictions

(1) The permission to reside (Aufenthaltsgestattung) may be subject to conditions.

(2) Any foreigner who is not or no longer required to reside in a reception centre, may be required

1. to reside in a specific municipality or in specific accommodations,

2. to move to a specific municipality or a specific accommodation and to take up residence there,

3. to take up residence and quarters in the district of another foreigners authority of the same Land.

An interview with the foreigner shall be required in cases pursuant to sentence 1, no. 2 if he has stayed in the municipality or accommodation for longer than six months. The interview shall be deemed to have taken place if the foreigner or his legal representative has been given the opportunity to comment on the accommodation arrangements within a period of two weeks. An interview shall be dispensed with if it conflicts with compelling public interests.

(3) Measures pursuant to (1) and (2) above shall be the responsibility of the foreigners authority to whose district the foreigner’s residence is limited.

Section 61 Employment

(1) Foreigners shall not be allowed to take up paid employment as long as they are required to reside in a reception centre.

(2) An asylum applicant who has lawfully resided in the Federal territory for a year may, in derogation from Section 4 (3) of the Residence Act, be permitted to take up employment if the Federal Employment Agency has granted its approval or a statutory instrument stipulates that taking up such employment is permissible without the approval of the Federal Employment Agency. Previous periods of tolerated or lawful residence shall be counted as part of the waiting period under sentence 1. Sections 39 through 42 of the Residence Act shall apply mutatis mutandis.

Section 62 Medical examination

(1) Foreigners who are required to reside in a reception centre or in collective accommodation shall be required to undergo a medical examination for communicable diseases including an x-ray of the respiratory organs. The supreme health authority of the Land or an authority designated by it shall determine the extent of the medical examination and the physician to conduct the examination.

(2) The authority responsible for the foreigner’s accommodation shall be informed of the examination results.

Section 63 Certificate of permission to reside (Aufenthaltsgestattung)

(1) Within three days of filing an asylum application, the foreigner shall be issued a certificate of permission to reside (Aufenthaltsgestattung) containing the holder’s photograph and personal information, unless the foreigner has a residence title. In the case of (3) second sentence, the foreigner shall be requested at the time of filing an asylum application to apply for this certificate within the period specified in sentence 1.

(2) The certificate shall be valid for a limited period. As long as the foreigner is required to reside in a reception centre, it shall be valid for no more than three months, and otherwise for no more than six months.

(3) The Federal Office shall be responsible for issuing the certificate while the foreigner is required to reside in a reception centre. Otherwise, responsibility shall lie with the foreigners authority to whose district the permission to reside is limited. Conditions and changes to geographical restrictions may also be indicated in the certificate by the authorities which have imposed such conditions or changes.

(4) The certificate shall be collected when the permission to reside expires.

(5) Section 78 (7) of the Residence Act shall apply mutatis mutandis.

Section 64 Obligation to carry identification

(1) For the duration of the asylum procedure the foreigner shall comply with the requirement to prove his identity by carrying the certificate confirming the permission to reside (Aufenthaltsgestattung).

(2) The certificate shall not authorize the foreigner to cross the border.

Section 65 Return of passport

(1) After the foreigner has filed the asylum application, the passport or passport substitute shall be returned to the him if it is not needed in the further course of the asylum procedure and if the foreigner holds a residence title or if the foreigners authority grants him a residence title pursuant to the provisions of other laws.

(2) The passport or passport substitute may be temporarily returned to the foreigner if necessary for travel in cases pursuant to Section 58 (1) above or if necessary in order to renew the passport or to prepare the foreigner’s departure.

Section 66 Determining the foreigner’s whereabouts

(1) In order to establish his whereabouts, a foreigner may be reported to the Central Aliens Register and to the search systems of the police if his whereabouts are unknown and if

1. he fails to arrive within one week at the reception centre to which he has been referred;

2. he has left the reception centre and has failed to return within one week;

3. he has failed to comply within one week with an allocation order or an order pursuant to Section 60 (2), first sentence, or

4. if he cannot be reached at the address he gave or at the address of the accommodation where he is required to reside;

the conditions under no. 4 shall be met if the foreigner has failed to receive, within a period of two weeks, a message delivered to the address.

(2) The reception centre, the foreigners authority in whose district the foreigner is required to stay and the Federal Office shall be responsible for taking action to report the foreigner. The foreigner may be reported only by persons who are specially authorized to do so.

Section 67 Expiry of permission to reside

(1) The permission to reside (Aufenthaltsgestattung) shall expire

1. if the foreigner is refused entry or removed pursuant to Section 18 (2) and (3);

1a. if the foreigner is refused entry pursuant to Section 33 (3);

2. if the foreigner has failed to file an asylum application within two weeks of requesting asylum;

3. upon delivery of the Federal Office’s decision to the foreigner, if the asylum application has been withdrawn;

4. if a notification announcing deportation issued pursuant to the provisions of this Act or pursuant to Section 60 (9) of the Residence Act has become enforceable;

5. upon announcement of a deportation order pursuant to Section 34a above;

5a. upon announcement of a deportation order pursuant to Section 58a of the Residence Act;

6. otherwise, if the decision of the Federal Office has become non-appealable.

(2) If the foreigner files an asylum application after the period specified in (1) no. 2, the permission to reside (Aufenthaltsgestattung) shall again become effective.

Section 68

(repealed)

Section 69

(repealed)

Section 70

(repealed)

Chapter Five: Subsequent applications

Section 71 Follow-up application

(1) If, after the withdrawal or non-appealable rejection of a previous asylum application, the foreigner files a new asylum application (follow-up application), a new asylum procedure shall be conducted only if the conditions of Section 51 (1) through (3) of the Administrative Procedure Act are met; this shall be examined by the Federal Office. The same shall apply to a child’s application for asylum if the representative under Section 14a (3) has waived the processing of the asylum application.

(2) The foreigner shall make the follow-up application in person at the branch office of the Federal Office assigned to the reception centre where the foreigner was required to reside during the previous asylum procedure. In the cases of Section 14 (2) first sentence, no. 2 or if the foreigner can prove that he is unable to appear in person, the follow-up application shall be filed in writing. The follow-up application shall be filed in writing with the central office of the Federal Office if

1. the branch office that would have been responsible pursuant to sentence 1 above no longer exists,

2. the foreigner was not required to reside at a reception centre during the previous asylum procedure.

Section 19 (1) shall not apply.

(3) In the follow-up application the foreigner shall give his address as well as the facts and evidence to fulfil the conditions listed in Section 51 (1) through (3) of the Administrative Procedure Act. The foreigner shall provide this information in writing upon request. A hearing may be dispensed with. Section 10 above shall apply mutatis mutandis.

(4) If the conditions of Section 51 (1) through (3) of the Administrative Procedure Act are not met, Sections 34, 35 and 36 shall be applied mutatis mutandis; in the case of deportation to a safe third country (Section 26a) Section 34a shall be applied mutatis mutandis.

(5) If after a notification announcing deportation or a deportation order issued pursuant to this Act has become enforceable following the filing of the previous asylum application, the foreigner files a follow-up application which does not lead to a new asylum procedure, a new time-limit and a new notification announcing deportation or a deportation order shall not be required in order to enforce deportation. Deportation may be enforced only after notification by the Federal Office that the conditions of Section 51 (1) through (3) of the Administrative Procedure Act are not met, unless the foreigner is to be deported to the safe third country.

(6) (5) shall also apply if the foreigner temporarily left the Federal territory in the meantime. If the foreigner entered the Federal territory unlawfully from a safe third country (Section 26a), he may be removed to that country pursuant to Section 57 (1) of the Residence Act without prior notification by the Federal Office.

(7) If the foreigner’s right of residence during the previous asylum procedure was geographically restricted, the last geographical restrictions shall continue to apply unless otherwise decided. In cases pursuant to (5) and (6), above the responsibility for measures under foreigners law shall also lie with the foreigners authority in whose district the foreigner is staying.

(8) A follow-up application shall not preclude an order to take the foreigner into custody awaiting deportation unless a further asylum procedure is carried out.