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Asylum procedure; information on the asylum application

The Federal Office for Migration and Refugees decides on asylum applications, including the granting of refugee status and subsidiary protection.

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Street address

Frankenstraße 210
90461 Nürnberg

Postal address

Frankenstraße 210

90461 Nürnberg

Email

info@bamf.de

Website

www.bamf.de

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Street address

Rothenburger Straße 29
90513 Zirndorf

Postal address

Rothenburger Straße 29

90513 Zirndorf

Website

www.bamf.de

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Procedure details

The recognition procedure for asylum seekers is regulated in the Asylum Act (AsylG).

A foreigner who wishes to make use of the right to asylum must submit an application for asylum. They can only do this if they are in the Federal Republic of Germany or at least register with the German border authorities. It is not possible to apply for asylum from abroad or at a German diplomatic mission abroad.

Foreigners who register as asylum seekers in Germany or those who register as asylum seekers at the border and are permitted to enter the Federal Republic of Germany by the border authorities are transferred to reception facilities. With the help of a nationwide distribution system, they are distributed to the individual federal states according to a key defined in the Asylum Act and the responsible reception facility is determined.

Asylum seekers can then apply for asylum at the branch office of the Federal Office that is assigned to the responsible initial reception center. Asylum must always be applied for in person. Only in special cases can the asylum application be made in writing.

The Federal Office for Migration and Refugees collects the personal data and carries out the prescribed identification procedure. In this context, it is also checked whether an application for asylum has already been submitted in Germany or in another member state of the European Union. Whether another member state of the European Union is responsible for carrying out the asylum procedure depends on the criteria laid down in the so-called Dublin Regulation (EU Regulation No. 604/2013 (Dublin III).

The asylum seeker receives a residence permit, which grants a temporary right of residence for the duration of the asylum procedure (and possibly during the subsequent administrative court review of the Federal Office's decision) (see also "Related topics" - "Residence permit; issue and extension").

The asylum seeker is interviewed in person by the asylum procedure officer (with the assistance of an interpreter) about their journey and reasons for persecution.

During the asylum procedure, the Federal Office for Migration and Refugees (BAMF) must check whether an asylum seeker belongs to one of the following groups of people:

  • Politically persecuted persons are recognized as persons entitled to asylum in accordance with Article 16a of the Basic Law (GG) if they are affected by targeted persecution by state authorities throughout the territory of their country of origin. They are granted a temporary residence permit for their continued stay in Germany. Anyone entering Germany from a safe third country is not entitled to asylum. Safe third countries are primarily the member states of the European Union as well as other countries defined by the Asylum Act (AsylG) in which the application of the Convention relating to the Status of Refugees (Geneva Refugee Convention - GRC) and the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) is guaranteed. For this reason, asylum seekers who enter Germany by land are generally not eligible for asylum.
  • Refugee status under the Convention relating to the Status of Refugees (Geneva Convention) is granted to a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group (including on grounds of sex) or political opinion, is outside the country of which he or she is a national and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country. In German law, this description of refugee status can be found in Section 3 of the Asylum Act (AsylG) and Section 60 (1) of the Residence Act (AufenthG). Refugee status can also be granted in the case of non-state persecution if the state or the parties or organizations that control the state territory (or a substantial part of it), including international organizations, are proven to be unable or unwilling to offer protection from persecution
  • International subsidiary protection is granted to persons who are at risk of serious harm within the meaning of Directive 2011/95/EC in their country of origin (Section 4 Asylum Act). This includes the imposition or execution of the death penalty, torture or inhuman or degrading treatment or punishment or a serious individual threat to life or integrity as a result of indiscriminate violence in the context of an international or internal armed conflict.
  • The fourth group concerns foreigners who are not recognized as persons entitled to asylum, refugees or international subsidiary protection, but who are subject to a national ban on deportation pursuant to Section 60 (5) or (7) AufenthG. A ban on deportation is established, for example, if the person concerned faces an individual, significant and specific threat to life or health in the destination country.

On the basis of a positive decision by the Federal Office, persons entitled to protection are issued a temporary residence permit (Section 25 (1) to (3) AufenthG). Persons entitled to asylum and recognized refugees are usually granted a settlement permit for permanent residence after three years (§ 26 Para. 3 AufenthG). Subsidiary protected persons and persons for whom a ban on deportation has been established can be issued a settlement permit after five years (§ 26 Para. 4 AufenthG).

The decision of the Federal Office in the asylum procedure always depends on the individual fate of the applicant. The decisive factors here are the interview and additional investigations, which are arranged if necessary.

The Federal Office also obtains the necessary information on the actual situation in the individual countries of origin (e.g. information from the Federal Foreign Office or the UNHCR) in order to make a decision. As this is an individual procedure, it can take different lengths of time and also lead to different results for persons of the same origin.

The decision of the Federal Office for Migration and Refugees on the asylum application is made in writing and includes information on legal remedies.

The immigration authorities are bound by the (positive and negative) decisions of the Federal Office, which may be reviewed by the independent administrative courts. In the case of a positive decision, they are responsible for issuing the residence permit. In the event of a negative decision, they are responsible for terminating the stay of rejected asylum seekers in Germany by means of forced deportation after allowing them to leave the country voluntarily.

Further information on asylum law and the asylum procedure can be found on the website of the Federal Office for Migration and Refugees (see "Further links").

Please note: With the cabinet reshuffle on March 21, 2018, the Bavarian State Ministry of the Interior took over the tasks of integration and asylum social administration. Consequently, the Bavarian State Ministry of the Interior and Integration is now responsible for the reception, state-wide distribution, accommodation and social care of asylum seekers during the asylum procedure and provides further information on its website (see "Related links").

Administrative court action

Status: 27.05.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium des Innern, für Sport und Integration
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