Asylum law in Germany is closely linked to international agreements and European regulations. The Geneva Refugee Conventionthat Dublin procedure and the EU asylum policy determine how people seeking protection are treated in Germany and the EU.
1 The Geneva Refugee Convention and its influence on German asylum law
The Geneva Convention Relating to the Status of Refugees (GRC) of 1951 is the most important international agreement for the protection of refugees. It defines who is considered a refugee and what rights refugees have.
Key points of the Geneva Refugee Convention:
- Protection for persons who are Race, religion, nationality, membership of a social group or political conviction be pursued.
- Prohibition of Deportation to a country where there is a risk of persecution.
- Refugees must live in a host country the same rights as locals in terms of work, education and social security.
Influence on German asylum law:
- Germany grants protection status under the Geneva Convention via § 3 of the Asylum Act.
- Persons who are Refugees recognized under the Refugee Convention will initially receive a. Residence permit for 3 yearsthen a Permanent settlement permit can be applied for.
- In Germany, the rights of refugees are mostly better than in many other countries, as access to social benefits, work and integration is promoted.
Example:
A journalist from an authoritarian country who is threatened for critical reporting can be recognized as a refugee in Germany
2. asylum law in Germany vs. asylum law in the EU - Where are the differences?
Although the EU member states have common rules, there are Differences in the implementation of asylum law
Germany:
- Recognized refugees have access to the labor market, social benefits and educational opportunities
- Strict procedure for recognition, but relatively high protection rates
- "Safe countries of origin" are restricted - e.g. people from the Western Balkans hardly ever receive asylum
Other EU countries:
- Different recognition rates - in one country a person can be recognized as a refugee, in another not
- Some countries have Stricter regulations or worse conditions for asylum seekers (e.g. Greece, Hungary)
- Social support and accommodation varies greatly between countries
Example:
A Syrian refugee receives in Germany with 80 % Probability protection, in Hungary it is only 10 % - despite the same Geneva Refugee Convention
