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Who is pursued today because of its political conviction, affiliation to a race, a nationality, a sex or a religion, as a refugee in accordance with that requirement on asylum has Geneva refugee convention. The penetration of this requirement is in practice not always simple, because the states of the "first" world in such a way specified partition themselves against the Zuwanderung. The exact conditions for the grant of political asylum are regulated in Germany and in Switzerland by the asylum law.

In Germany

In Germany asylum becomes by the Basic Law and the asylum proceeding law (AsylVfG) as well as by the aliens act regulated. The sentence "politically pursued enjoys right of asylum " in the fundamental right catalog of the German Basic Law, article 16a exp. 1 P. 1 Basic Law, guaranteed politically pursued the right to asylum. The fundamental right is to be ensured unrestrictedly in principle. Barriers of the fundamental right are set by the exp. 2 to 5, whereby a concretizing must take place via parliament laws.

On the grant of asylum for migration and refugees and/or in the legal protection the Administrative Courts decide the Federal Office. With the Zuwanderungsgesetz, which stepped to 1 January 2005 into force, the residence law stepped to the place of the aliens act.

Restrictions of the right of asylum

An exception of the right of asylum offers the third state regulation in such a way specified: According to kind 16a exp. 2 GG knows itself on paragraph 1 of the article 16a of the GG cannot not appoint itself, who enters from a member state of the European communities or from another third state, in which the application of the agreement over the legal status of the refugees and the convention for the protection of the human rights and basic liberties is guaranteed. The so-called safe origin states ensure a further exception. This measure appears in the article 16a, paragraph 3 of the GG. The exact states, which are subject to this measure, are legally regulated and can be changed. At present as safe origin states apply: Bulgaria, Ghana, Poland, Romania, Senegal, Slowaki republic, Czech republic and Hungary this are states, with those, due to allgemeinenen political conditions, the Federal Office go out that they are safe that there is political pursuit nor inhuman or degrading punishment as well as treatment thus in them neither. (Safe third state or safe origin state) the asylum-seeker originates from one of these countries, then its application for asylum is to be usually rejected as obviously unfounded. With an entry from these states the foreigner can only disprove this legal assumption, by stating facts or evidence, due to those to assume is that deviating from the general situation in the country of origin political pursuit threatens him.

The administrative proceedings before the Administrative Court are subject to separate regularities. A contradiction procedure against the decision of the federal office for migration and refugees does not take place. Only with a simple refusal the complaint has postponing effect against the answer. The judicial decision is issued by the single judge and is only limited open to attack.

In Switzerland

In Switzerland the asylum is regulated by the asylum law (AsylG) and this attached regulations. Basis is the Federal Constitution, which holds:

BV kind 25 protection from classification, distribution and Ausschaffung1 Swiss and Swiss may not be proven from Switzerland; they may not be allowed to do only with their agreement to a foreign authority delivered werden.2 of refugees into a state to be out-created or delivered, in which them may not do pursued werden.3 anybody into a state are out-created, in which it torture or another kind of cruel and inhuman treatment or punishment threaten.

BV kind 1211 the legislation over the entry and departure, the stay and the address of foreigners and foreigners as well as over the grant of asylum is thing of the Bundes.2 foreigners and foreigner can from Switzerland be proven, if they endanger the security of the country.

The Swiss asylum legislation is subject to a rapid change, which is to due particularly to the political pressure of the right parties to a more restrictive legislation. The newest aggravations of the asylum law on suggestion of Upper House of Parliament Christoph Blocher are encountered also the resistance by welfare organizations, churches and the UNHCR, which launched a referendum against it on 21 December 2005. The referendum against the revised asylum law came off with 100 ' 000 signatures very well. On 24 September 2006 therefore at the urn on it as also on the new aliens act one co-ordinates.

In Austria

Austria has momentarily the first asylum law, which considers the Dubliner agreement and represents one of the sharpest asylum regulations of the European Union at the same time. It can place someone in Austria only a request on asylum, which enters over a not safe third country. As safe third country are considered those states, which signed those Geneva refugee convention. If an asylum solicitor at the border is taken up to a safe third country without valid papers, then he must be pushed away according to Austrian asylum law into the safe third country. There it can place an application for asylum then with the Austrian message.

Chance on asylum grant only such, which fled either from a theater of war, have or politically to be pursued. In this connection there is criticism of some human right organizations.

During the photograph procedure asylum solicitors in one must be the Erstaufnahmezentren. They will certified be able to do it to the asylum proceeding either in federation or Landesbetreung will remain. Also the possibility exists to organize itself privately a living possibility.

Asylum solicitors have in principle no entrance to the Austrian job market, it however a limited contingent at seasonal work grants are given. Under normal conditions no requirement on social welfare assistance exists for asylum solicitors, however they, if they live privately, can ansuchen around basic supply by the respective Land of the Federal Republic.

According to statistics only about 3% of the requests are recognized. The consequences of this asylum politics are a rising illegal immigration.

Discussions over aggravations

In the year 2004 a further aggravation was discussed. Because of some smallcriminal crimes of asylum solicitors committed and the fear of submerging asylum solicitors after a refusal to have the discussion were applied of arresting asylum solicitors for the time of the request.