Migration

Expert knowledge for the new asylum package

This week is the Parliament of new Asylgesetze say goodbye. How sharp are these? In the interior Committee of the Bundestag, experts have been asked. Ten points you get from it could learn.

No prisons for refugees

About Germany to be distributed 20 “Ankunftszentren” set up. Who from a sure classified by country of origin comes, whose application for protection or asylum in these centres within a week to be decided. However, these centers are no “prisons”, as some critics claimed. “That means no Restraint, but it is only a residency requirement”, discussed the legal scholar Daniel Thym from the University of Konstanz. The hot rule: the refugees are allowed to the Region or the state not leave.

Only a week right to complain

In this special “Ankunftszentren” an asylum application is rejected, on the other hand can be complained. However, it must then be quickly, namely within a week to happen.

Only no limit

The Federal government intend to do with the asylum package II, the Professor for Public law Winfried Kluth from hall, an acceleration of the asylum procedure. And without the borders to close, or a ceiling, to introduce, as other countries did. In generous asylum policies will not thereby be shaken, says Kluth. It was all about, the backlog will be processed. The is currently more than half a Million applications.

Turbo method is not for all

Minors are from the new Turbo-procedures excluded. This will probably asylum seekers who have been rejected, but try again, also in the new “Ankunftszentren” housed. Ursula Gräfin Praschma by the Federal office for Migration (BAMF), the Central determining authority in Germany, is one of them, especially people from the West Balkans, in the meantime back in their homeland.

It goes even faster

Several experts, including the representatives of the UNHCR and Flüchtlingsanwälte, demanded that the refugees a “Verfahrensberatung” get, so better than so far explained. Finally, the new laws are quite complicated. In the law, but wouldn’t that extra set, that would be a matter for the on-site management, said Kluth. Switzerland have good experience with such legal advice made, added Professor Thym. There, there, by the way even faster, namely 48-hour procedure.

Family reunion – only in some cases

For some refugees, the so-called family reunification for two years be exposed. For example, for minors, unaccompanied refugees. In the past few months, many 16-17-Year-old to Germany – you may now only have their parents not to do so. Berthold Münch of the German bar Association criticized because Integration in the family works.

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Professor Thym believed that the law would be “time to buy”. Because in two years there will be a new Federal government, which then decide how it goes. However mean the law has no absolute stop, because exceptions to the rule are provided.

Not every medical certificate protects more against deportation

Rejected asylum seekers have in the past with a certificate of deportation delay. Now, this is probably not so easy, because a “qualified medical certificate” must be submitted. Kay Ruge from the German Landkreistag welcomed the very as Countess Praschma from BAMF. However, were still missing personnel and Substantial in the Hand”, what “life-threatening” means, said the Countess. Because in case of danger for life and limb is allowed to continue no one will be returned.

Who the delinquent is, must go

Who in Germany as a refugee, a criminal Offence commits to a minimum of one year in prison, in the future, poor chances of asylum. The same applies for penalties, be suspended on probation. Then threatens eviction. For foreigners, long time living in Germany, the new law will probably not apply, because you “grundrechtlich” higher are protected.

Some will still remain

That these offenders Germany then really leave, so the experts discussed, is, however, no automatism. The reason: Some States take the refugees are not back. The result: you stay in Germany and are only “tolerated”.

Is that too fast?

Although the new asylum package literally by “the Parliament gepeischt”, just everything with the right things. The content of the new Asylpakets II was finally, already in the autumn have been known, it was said to the defense by the Federal government. Must hurry all. The suggestions of the experts, for example, may only have until Wednesday evening to be incorporated.