The terms Asylum and Refugee protection are often used synonymously, but have different legal bases. Both concepts offer protection for people who have fled their home country, but are based on different criteria.
1. right of asylum
The right to asylum is a specific protection that Basic Law of the Federal Republic of Germany is anchored. It is aimed at people who come from political reasons be pursued.
Requirements for asylum in Germany:
- The applicant must personally pursued (e.g. because of political convictions, religion or certain social groups).
- Tracking must be carried out by the State of the country of origin go out.
- Entry via a safe third country (e.g. another EU country) usually leads to the rejection of the asylum application.
Example of asylum:
A journalist from an authoritarian state is persecuted because of reports critical of the regime and is granted asylum in Germany because he is threatened because of his political opinion.
2. refugee protection
Refugee protection is based on the Geneva Convention Relating to the Status of Refugees (GRC) of 1951 and is recognized under German law in the Asylum Act (§3 AsylG) is applied. It applies to persons who, in their home country be pursued for various reasonsnot only for political reasons.
Conditions for refugee protection:
- The person must be able to Race, religion, nationality, political conviction or membership of a particular social group be pursued.
- Tracking can be carried out by the state and non-state actors (e.g. militias or terrorist organizations).
- A return to the country of origin is not possible because there is a risk to life.
Example of refugee protection:
A woman from a country where women are exposed to massive violence and oppression can receive refugee protection if she is threatened by family or social structures.
3. subsidiary protection
If neither asylum nor refugee protection can be granted, the subsidiary protection into consideration. This applies to persons who have been subjected to serious General danger exposed, e.g. through war or torture.
Requirements for subsidiary protection:
- There is No targeted personal persecutionbut the general security situation is life-threatening.
- If the person were to return to their home country, they would be considerable dangers (e.g. war, torture or inhumane treatment).
Example of subsidiary protection:
A man from Syria cannot receive refugee protection under the Geneva Refugee Convention, but he is endangered by the civil war. He is therefore granted subsidiary protection.
4. prohibition of deportation
Persons who do not receive asylum, refugee protection or subsidiary protection can be protected from deportation under certain circumstances.
Requirements for a ban on deportation:
- At home, the threat of an extreme Humanitarian emergency.
- The applicant is seriously ill and medical care is not guaranteed in the country of origin.
