INFORMATION

INFORMATION

FOR ASYLUM SEEKERS

This information sheet was written by a few Protestant advice bureaus for refugees in North Rhine-Westphalia.

We would like to explain to you:

What is important for you in your asylum proceedings.

Which rights and duties you have as an asylum seeker in Germany.

The German asylum laws are very complicated an only very few refugees are recognized as politically persecuted. Therefore you should be well-informed. Please read this information sheet thoroughly and contact an advice bureau for refugees soon!

You have received this information from:

(mho: My note.
Advice bureaus:

66 Tullastraße (very close to the asylum center). In particular there is a service by the Mennonite Church. Appointments for this service are made with Rod King, Wednesday and Friday 10 am - 12 pm.

Uhlandstraße 45. A joint service by CARITAS (Catholic Church service) and DIAKONIE (Protestant Church service). It is about 5 km from the asylum center, or one hours walk. Hours are 9 am - 12 pm Monday, Wednesday, Thursday, Friday. Telephone (0721) 48 48 4-0. Fax: (0721) 48 48 4-10

Beware of lawyers who charge unusally low fees. I think German lawyers usually require hundreds of euros as an initial payment to take an asylum case. I have heard of a lawyer who only charges twenty or thirty euro per month, and that he actually does nothing except let you know when the Bundesamt sends him something, and perhaps submit requests that delay the decision on your application, but will not actually argue an appeal for you. (The appeal is the usually the most important part!)

)

We answer your questions on the asylum proceedings and can give you addresses of other advice bureaus for refugees. We would like to help you get by well in Germany. We believe it is important that you know your rights.

WHAT IS AN APPLICATION FOR ASYLUM?
The following questions are examined in the asylum proceedings:

Are you politically persecuted in your home country (in German law Art. 16 GG (Constitution) or §51 AusIG (Aliens Act)) ?

Are there other reasons which do not allow your deportation (e.g. danger of torture, death penalty, danger to life)?

These questions are decided by the Federal Agency for the Recognition of Foreign Refugees, in German "Bundesamt für die Anerkennung ausländischer Flüchtlinge", in short "Bundesamt", in the interview (in German: Anhörung).

What will happen when you have declared that you want to apply for asylum?

Firt, you are registered at the Central Aliens Authority (in German: Zentrale Ausländerbehörde, short ZAB)

At the ZAB you will be informed where your interview will take place and at which place you will live during the first three months.

All refugees who apply for asylum in Germany are distributed to different places in Germany and first have to live in a residence for asylum seekeres (in German Aufnahmeenrichtung).

At the registration you are asked for all your personal data (name, date of birth etc.).

If you have relatives/family in Germany, you should tell the authorities. Give the address of your relatives and tell the authorities whether they are recognized as entitled to asylum.

It can nevertheless happen that you are sent to another town, maybe even far away from your relatives.

If your husband or wife lives in Germany you have the right to live near him/her. Children less than 18 years old have the right to live with their parents or a guardian.

Important: Tel the ZAB the name and address of your husband or wife as soon as you are registered! For the first few weeks you have to live in the next refugees residence but you can later move to your husband/wife.

Often finger prints are taken directly after the registration; maybe you anhd your baggage are searched thoroughly. The German authorities want to find out whether you have applied for asylum in another country or whether you have travelled through another country during your flight.
"Safe country of origin"
Germany assumes that there is no persecution in the countries Bulgaria, Ghana, Pland, Rumania, Senegal, Slovak REpublic, Czech REpublic and Hungary.

If you are from one of these countries you can only be recognized as a refugee if you can explain very clearly that you are nevertheless persecuted.

Contact and adivce bureau!

The Interview / "Anhörung"
The interview is the most important part of the asylum proceedings.

It is your only chance to report the personal reasons for your applicatoin for asylum.

The interview is about your personal persecution. The gerneral situation in your country is not as important as your personal situation.

You can and should tell e erthing in the interview which you think is important!

Prepare well for the interview! If possible prepare your interview with an advice bureau!

If the Bundesamt does not believe you your application for asylum will be rejected.
Important information for the interview:

If you want to take a person of your conficence with you to the interview or if as a woman you want to be interviewed by a woman please tell the Bundesamt in time before the interview. This is your right!

Perhaps you have experienced something very bad you do not want to talk about or cannot talk about at the moment. However, this can be decisive for your asylum proceedings. Therefore say at least one sentence about what you have experienced. You can also say that it is difficult for you to talk about it.

If you do not feel well during the interview, please tell the interviewer. The interview can be interrupted.

The officials at the Bundesamt know the situation in your home country very well. Therefore you should not invent anything but describe the problems which you had in your home country exactly and honestly.
The Bundesamt is very interested in dates and exact locations.

If you are not sure sure about the dates please say so. It is better to give, for example, a season than a false date.

Please note:
Do not sign anything which is wrong, which you did not say or which you did not understand! Have everything translated for you word by word. If there is something you don't understand, ask about it.
Do not let yourself be hurried by anyone! You are the most important person in the interview. You may say eerything that you feel is important.
What are you asked about in the interview?
Questions about your escape route
If you travelled to Germany via Belgium, Denmark, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Poland, Portugal, Sweden, Swityerland, Spain, or the Czech Republic

it is possible that you are sent ack to this country.

(The asylum proceedings have to be carried out in the country in which the refugee first arrived or for which he/she has a visa)

But this usually only happens is there are proofs for your route. If you do not know exactly via which country you travelled you cannot be sent there.

The following questions are asked about your route:

Which way, how (aeroplane, car, ship … ) and on which day did you leave your co untry?

If you travelled directly by plane: Hand in all documents which you still have (ticket, boarding card)!

Did you have your own passport or a falsified passport? What did the passport look like?

Did you have a visa? (This will be checked by the German embassy in your home country!)

Were there any problems with controls at the border?

Did you stay in anotehr country for a longer period of time during your flight? If yes, why did you leave this country?

It is important to answer these questions adequately! If the Bundesamt does not believe your esecape route it probably won't believe either your reasons for seeking asylum.

The reasons for your flight
The following points could be important in the interview -- you should talk about them if they apply in your case:

(These questions are just listed by us to help you, so that you know what is important in the interview. The Bundesamt will probably not ask you that detailed about the reasons for your flight.)

What was the exact cause for your decision to leave your country, i.e. the last impotant incidnet which led to the fact that you could no longer stay in your country?

If you were politically active: When, where and with whom did you work?

If you are a member or a supporter of an organisation or party: What were the tasks of this group? Which was your position?

If you were persecuted by military foces, the police, the intelligence service or others in your home country: What exactly happened to you? (e.g. imprisonments, interrogations, house searches, rapes, ill-treatment -- describe everything in detail: when, where, who , how often … )

Were mebers of your family or your friends persecuted? Do you come from a family known for its political activities?

If you have friends or family in Germany: Are they entitled to asylum? Can they testify as witnesses to what happened in your country?

Do you have documents proving your persecution (e.g. warrant of arrest, judgement by the court, newspaper articles, membership certificate of your party or organisation)? Ask for copies of the documents you hand in to the authorities. If you need time for the documents to be sent to you, please tell the Bundesamt in the interview!

It is important that you tell everything you have experience out of your own account, exactly and in detail!

During the interview all questions and answers (in German) are recorded on tape.

From this tape minutes are written. The minutes are the basis for the decision on your application for asylum.

Listen again to the tape after the interview and have it retranslated for you! You can thus correct misunderstandings, add or explain t hings. Do not sign that you renounce the translation! (mho: My comment, and also from my memory the comment of Rod King: the above last sentence is probably a translation error. What was probably meant here is that you should not sign a final paper presented to you after the interview in which you are asked to state that you had no problems with the translation and that you were able to say everything you needed to say ... unless of course you are certain that is really true. After all, the interview is usually stressful, and you may not know for sure that you have fully explained how you were personally politically persecuted, and why you fear return to your native country, until you have had time to think it over. Here is a quote from another document, from a German lawyer: "… a protocol should only repeat what you have really said and not what the authorities would like you to have said.")
The decision on your application for asylum

a) negatiuve decision -- rejection of your application for asylum

If the Bundesamt rejects your application you can bring an action before the Administrative Court (in German: Verwaltungsgerict). If you bring an action you will not be deported immediately, but are allowed to stay in Germany until the court decides your case.

Important !!! It is indispensible to keep the deadlines: The date on the blue envelope in which you received the notification of the Bundesamt is very important (date of service, in German: Datum der Zustellung).

There are two types of rejection:

"Der Asylantrag wird offensichtlich unbegründet abgelehnt." (The application for asylum is rejected as "obviously unfounded".

You then only have one week (from the date of service) to bring an action and submit an "Eilantrag" (urgent application).

The urgent application has to be well founded. You need a lawyer specialized in asylum law.

If you do not bring an action you have to leave Germany one week after the date of service.

"Der Asylantrag wird abgelehnt." (The application for asylum is rejected.)

You then have two weeks (from the date of service) to bring an action and another month to state reasons for it.

If you do not bring an action you have to leave Germany one month after the date of service.
b) positive decision -- your recognition as a refugee
There are also two possibilites:

Your are recognized as being entitled to asylum (Article 16a Grundgesetz (constitution) ).

The notification of the Bundesamt reads the following: "The applicant is recognized as being entitled to asylum. The conditions of §51 AusIG (Aliens Act) apply with regard to …"

You are recognized according to §51 of the Ausländergesetz (Aliens Act).

The notification of the Bundesamt reads the following: "The applicant is not recognized as being entitled to asylum. The conditions of §51 AusIG apply with regard to …"

A brochure on your rights as a recognized refugee is available from every refugee advice bureau.
What will happen after the interview?

You have submitted your application for asylum and have had your interview. You are then taken by bus to a central residence for refugees (in German: "Zentrale Aufnahmeeinrichtung"), which provides accomodation for asylum seekers. There you will stay up to three months.

There you receive:

Accomodation

Food

Medical Care

Once a week some pocket money of approx. 20 DM

We recommend that you ask other refugees who have stayed in the residense for a while or the staff where the next advice bureau for asylum seekers (in German: Verfahrensberatungsstelle) is.

Important: Ask regularly, best daily, whether any mail has arrived for you, so that you actually receive the notification on your applicatoin for asylum by the Bundesamt. If the notification is "negative" you have only 1 or 2 weeks time to bring an action before court. If letters by the Bundesamt or the court do not reach you, the asylum proceedings can be terminated!!!

Please contact an advice bureau for asylum seekers (in German: Verfahrensberatungsstelle) near you if you need help, e.g. if you have the following questions or problems:

Questions about your asylum proceedings

Your are looking for a good lawyer

You wnt to leave the residence / city

If you want to do so, you need a VISITOR'S PERMIT (in German: BESUCHSERLAUBNIS. IF YOU WANT TO SEE A LAWYER OR AN ADVICE BUREAU this permit cannot be denied. If, however, you leave the area in which you are allowed to stay WITHOUT PERMIT you commit an offence and can be legally prosecuted.

YOU WANT TO KNOW WHEN YOUR TRANSFER WILL TAKE PLACE AND HOW IT WILL CONTINUE AFTER THE TRANSFER

MEMBERS OF YOUR FAMILY LIVE IN GERMANY AND YOU WANT TO BE TRANSFERRED THERE

YOU HAVE RECEIVED A POSITIVE NOTIFICATION FROM THE BUNDESAMT

That means you are entitled to asylum or you are recognized as a refugee according to §51, 1 AusIG (Aliens Act)

YOU HAVE RECEIVED A NEGATIVE NOTIFICATION FROM THE BUNDESAMT

That means you have only a limited time to take action against this decision. Therefore go to and advice bureau for asylum seekers as soon as possible.

WHAT WILL HAPPEN FTER THE TRANSFER TO A MUNICIPALITY?

First you have to inform the Bundesamt ofr the Verwaltungsgericht or your lawyer of your new address.

If you have notrecieved a notification by the Bundesamt during your time in the central residence for refugees, it will be sent to your new address.

Ask other regugeees who have lived there for some time or ask the local DIAKONIE (Protestant Social Service) or CARITAS (Catholic Social Service) for the next refugee advice bureau (in German: FLÜCHTLINGSBERATUNGSSTELLE).

Contact an advice bureau (in German: Beratungsstelle) near you if you need help with the following questions or problems:

YOU HAVE QUESTIONS ABOUT SOCIAL BENEFITS, ACCOMODATION OR JOB OPPORTUNITIES

YOU WANT TO APPLY FOR A TRANSFER

YOU HAVE BROUGHT AN ACTION AGAINST THE NEGATIVE NOTIFICATION OF THE BUNDESAMT BEFORE THE ADMINISTARTIVE COURT

If you have a LAWYER he/she will receive the letters from the court and you give your documents or proofs to the lawyer. Therefore please make sure that the lawyer and the court always know your current address.

YOU HAVE RECEIVED LETTERS FROM THE COURT WHICH YOU DO NOT UNDERSTAND

YOU HAVE BEEN SUMMONED BY THE COURT FOR THE HEARING

YOU ARE RECOGNIZED BY COURT DECISION AS ENTITLED TO ASYLUM

YOUR ASYLUM PROCEEDINGS HAVE BEEN ENDED NEGATIVELY BY COURT DECISION

IMPORTANT: Even if your residence permit (in German: Aufenthaltsgestattung) is still valid for several months it becomes invalid as soon as your asylum proceedings are ended negatively by the Bundesamt or by a cout decision and you can be deported.

YOU WANT TO RETURN VOLUNTARILY TO YOUR HOME COUNTRY

YOU WANT TO EMIGRATE TO ANOTHER COUNTRY

If you have any ot the above questions/problems you should contact an advice bureau for refugees and asylum seekers (in German: Beratungsstelle für Flüchtlinge und Asylsuchende). There, your questions will be answered and you can get advie and consultation during your asylum proceedings.

Some important German terms

Asylbewerber asylum seeker

Asylantrag application for asylum

Asylverfahren asylum proceedings

Aufnahmeeinrichtung residence for refugees (where you stay during the first 3 months)

Anhörung interview

Bundesamt für die Anerkennung Federal Agency for the Recognition of

ausländischer Flüchlinge; Bundesamt Foreign Refugees

Zentrale Ausländerbehörde (ZAB) Central Aliens Authority

Beratungsstelle/Flüchtingsberatungsstelle advice bureau/refugess advice bureau

(offering general advice for refugees)

Verfahrensberatungsstelle advice bureau for asylum sekers

(dealing in particular with questions on

the asylum proceedings)

Bescheid notification

Datum der Zustellung date of service

abgelehnt rejected

anerkannt recognized

Klage erheben to bring an action before court

Rechtsanwalt lawyer

Eilantrag urgent application

Verwaltungsgericht Administartive court

Ausländergesety (AusIG) Aliens Act

Grundgesetz (GG) German Constitution

Besuchserlaubnis visitor's permit

Umverteilungsantrag application for a transfer to another place

(e.g. where your family lives)

Abschiebung deportation

DIAKONIE Service by the Protestant Church offering

genereal advice for refugees and advice

on the asylum proceedings

CARITAS Service by the Catholic Church offering

genereal advice for refugees and advice

on the asylum proceedings

Amnesty International International human rights organisation,

offering advice on asylum proceedings

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