Asylum-seeker (also: Asylum solicitor, in Switzerland: Asylum-seekers) are humans, who ansuchen in a strange country around asylum, i.e. around admission and protection before political or other pursuit. While "asylum-seekers" are humans with a current asylum acknowledgment procedure, "person entitled to asylum" designates the recognized "asylum-seekers". The term "asylum-seeker" is used often negatively.
The state, in which the asylum-seekers ansuchen around admission, examines in an asylum proceeding whether a requirement insists on asylum, whether it concerns with the applicants refugees in the sense that Geneva refugee convention and/or whether other deportation obstacles are present (dangers for life and limb, danger of the torture, threatening death penalty etc.).
In Germany the expiration of the asylum proceeding is fixed in the asylum proceeding law (AsylVfG). In the asylum-seeker achievement law the social achievements at asylum-seekers are regulated since 1993. Politically received asylum pursued according to the article 16a of the Basic Law of the Federal Republic of Germany, as far as they come not from the European Union or a so-called safe third state or are responsible for them another country in the European Union area due to the Dubliner of agreement. Asylum-seekers, who enter over the national borders to Germany, are rejected according to the third state regulation kind of the 16a exp. 2 GG without contentwise examination of their application for asylum into the respective "safe third states" (all states to be considered as "safe third states", bordering on Germany). Only if no third state ready for the cancelling of the concerning explain itself or the concrete through journey state cannot be determined, it comes to the asylum proceeding into Germany and politically pursued can protection according to that Geneva refugee convention be granted (after "§ 60 exp. 1 of the residence law). The term of political pursuit is laid out in such a way in the German iurisdiction that a national pursuit must be present, because otherwise no concrete endangerment is to be assumed within the entire homeland. Requests for asylum of war and civil war refugees are considered however as "obviously unfoundedly" ("§ 30 exp. 2 AsylVfG), if no national pursuit can be proven. Couches of deportation obstacles according to the residence law forwards, are considered the applications for asylum as unfounded. From a deportation of the concerning however one refrains, as long as these deportation obstacles exist.
The competence for the examination of the pursuit reasons is at the Federal Office for migration and refugees with head office in Nuremberg and numerous branch offices in all Lands of the Federal Republic. All pursuit reasons must be stated comprehensively and without contradiction with a first "hearing". "Entscheider" of the federal office, which are subject since 2005 instructions of the Federal Ministry of the Interior, find then over the legal evaluation of the applications for asylum. The possibility of the judicial examination of a negative decision of the federal office is substantially reduced according to the regulations of the asylum proceeding law ("§"§ 74 FF AsylVfG). While their asylum proceeding, which can take few weeks, in addition, several years, the applicants are mostly in community accommodations accommodated and must themselves stop in the assigned district. A work permit asylum-seekers receive in the first year of their stay only in exceptional cases, their social security benefits are shortened in relation to the rule set after SGB II (unemployment pay II).
In Switzerland the article 69 of the Federal Constitution regulates the right of asylum.
In Austria the asylum law regulates last, with 1. May 2004 was amended, the procedure for asylum solicitors.
We found here 4 articles.
|Aliens act (Germany)|
» Asylum compromise
» Asylum proceeding law