Asylum - Phase 3

Asylum process

Phase 3: Decision of the federal office

How does the federal office communicate its decision?
As soon as the federal office has made a decision, this decision will be explained in detail and communicated to the parties involved (asylum seekers, guardians, authorities). This means the federal office will contact you after the hearing to tell you about their decision.

How does the federal office make its decision?
The federal office decides based on the laws and regulations of the "Asylgesetz" - Asylum Act. For each application, the federal office checks whether one of the four protection forms is applicable. This basically means there is four kinds of protection that you can get
  1. Right for asylum
    A person entitled to asylum is a person who, because of nationality, race, political conviction, religious decisions, belonging to a certain social group, would be in danger of a serious violation of human rights in the event of his/her return to his/her home country. Thus, the right to asylum is given to persons who would otherwise have to face serious political persecution if they returned to their home countries.
  2. Refugee protection
    Refugee protection is a little more comprehensive than the right for asylum. It also intervenes when non-state actors are persecuted, thus when people have good reasons to fear persecution of state or non-state actors due to their race, religion, nationality, political conviction or belonging to a social group outside their home country of which they are a national or as a stateless person outside the country of their habitual residence. This also applies if the refugees cannot avail themselves of the protection of their country of origin, or because they don't want to because of the reasoned escape.
  3. Subsidiary protection
    People who are at a serious risk of being harmed in their home country and who are unable to avail themselves of the protection of their home country or who do not wish to take advantage of this protection because of their fear of getting harmed, are entitled to a limited protection. These include, for example, the imposition or execution of the death penalty, torture, inhuman or degrading punishment, a serious individual threat to life.
  4. Prohibition of deportation
    A person seeking protection must not be returned to his country of origin if this repatriation is accompanied by a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) or where there is a significant specific risk to life, limb or freedom. 
On the basis of your situation and your details, the federal office checks which of the above categories applies to you. If none of the four named protection forms are available, the asylum application is rejected.

What happens if my application is approved?
  • If you are recognized as an asylum-seeker or refugee, the "Ausländerbehörde" will issue a residence permit for three years. After three or five years, you will be granted a permanent residence permit if the reasons for asylum have not disappeared.
  • After recognition you are entitled to the samesocial benefitsas German nationals. Moreover, you have unrestricted access to theGerman labor market. Participation in anintegration coursewill also be freely accessible to you. 
  • In case you are "only" entitled to subsidiary protection, you will get a residence permit for a year, but this can be extended. You will also have unlimited access to the German labor market
What happens if my application gets rejected?
If the federal office decides that the prerequisites are not met for any of the four protection forms, you will receive a rejection. With the rejection you will also be informed that there is a threat of deportation. However, in this case you have the opportunity to challenge the decision of the "Bundesamt". However, this has to be done quickly, as you only have a couple of days. In your rejection letter you will find further information on how and where and until when to submit the complaint. If the complaint should be rejected as well, you will have to leave Germany until a specific date. If you don't leave by then a forced deportation is possible. In this case you would have to bear the costs as well.

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