Asylum Law in Germany – Protection from Persecution and Experienced Legal Representation

Germany is among the countries that grant protection to people fleeing persecution, war, and existential hardship. Asylum law is a core part of our legal system and is closely linked to international refugee protection.

For applicants, the asylum procedure is often a difficult and stressful journey: government decisions, hearings, unclear legal frameworks, and the constant fear of deportation. Competent legal representation can make a decisive difference in securing your rights and building a long-term perspective in Germany.

As an experienced immigration lawyer, I support you in all matters of asylum and residence law – with competence, discretion, and commitment.

Table of Contents

What does asylum law mean?

Asylum law guarantees protection from political persecution and life-threatening danger. The foundation is Article 16a of the German Constitution (Grundgesetz):

Politically persecuted persons have the right to asylum.

In addition, international agreements such as the 1951 Geneva Refugee Convention provide protection for people fleeing war, torture, or inhuman treatment.

Legal foundations

The main legal provisions are:

  • Article 16a of the German Constitution (GG)
  • Asylum Act (AsylG)
  • Residence Act (AufenthG)
  • Geneva Refugee Convention (GRC)
  • European Convention on Human Rights (ECHR)
  • Dublin III Regulation

These regulations govern the procedure, rights, duties, and criteria for granting protection.

Stages of the asylum procedure

The asylum procedure in Germany consists of several steps:

  1. Arrival and registration

    • Registration at the border authority or reception center
    • Recording of personal data and fingerprints
    • Issuance of a temporary residence permit (“Aufenthaltsgestattung”)

  2. Allocation to a reception facility

  3. Application at the Federal Office for Migration and Refugees (BAMF)

  4. Hearing – personal interview on reasons for fleeing

  5. Decision – recognition of protection or rejection with deportation order

  6. Appeal – legal remedies before the administrative court

The hearing is the most important stage. The decision often depends on how consistent and credible the statement is.

The BAMF hearing

The BAMF hearing is your opportunity to present your story in detail. Common mistakes include:

  • Contradictory statements
  • Gaps in the narrative
  • Unclear timelines
  • Seemingly implausible testimony

Important: Careful preparation is crucial. With my assistance, we develop a coherent, detailed account of your reasons for fleeing.

Types of protection

There are different forms of protection status:

  1. Asylum (Article 16a GG)

    • Only if persecuted by the state
    • Not applicable if entry was via a safe third country

  2. Refugee protection (§ 3 AsylG)

    • For persons with a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership of a social group

  3. Subsidiary protection (§ 4 AsylG)

    • Granted if there is a risk of serious harm such as torture or death

  4. National ban on deportation (§ 60 AufenthG)

    • If individual danger to life or health exists

Each form of protection provides different rights regarding residence and family reunification.

Rejection and legal remedies

If your application is rejected, you can appeal:

  • Administrative court claim – usually within two weeks
  • Interim relief (emergency appeal) against deportation
  • Further appeals in specific cases

Filing a lawsuit usually suspends deportation. If you miss the deadline, the decision becomes final, and deportation is very difficult to prevent.

Temporary residence and “Duldung”

Temporary residence permit (Aufenthaltsgestattung):

  • Permits stay during the asylum procedure
  • Not a full residence permit

Duldung (toleration):

  • Temporary suspension of deportation (e.g., due to illness or missing documents)
  • Not a protection status
  • Often includes work restrictions or residence obligations

In some cases, long-term residence rights can arise from a prolonged “Duldung.”

Deportation and deportation protection

If the application is rejected, deportation may follow. Important aspects:

  • Observe deadlines: Only a few days remain after final rejection
  • File hardship applications
  • Consider church asylum
  • Submit emergency motions

Timely legal action is often the key to preventing deportation.

Special vulnerability

Certain groups enjoy additional protection:

  • Unaccompanied minors
  • Victims of torture or trauma
  • Victims of human trafficking
  • Pregnant women
  • Seriously ill persons

The BAMF must consider these cases carefully. Medical certificates often play a crucial role.

Church asylum

Church asylum means temporary protection provided by church institutions. It can prevent immediate deportation while negotiating humanitarian solutions.

Note: Church asylum is not an official residence permit – but it can be effective in humanitarian emergencies.

Work and social benefits

During the asylum procedure:

  • Basic services are provided in reception facilities
  • Work is restricted (waiting period, approval required)
  • Benefits may be given in kind instead of cash
  • Residence restrictions may apply

After recognition, you are entitled to work and receive regular social benefits.

Family reunification

Recognized refugees can apply for family reunification for:

  • Spouses
  • Minor children
  • Parents of minor children

Applications must be filed within three months of recognition to benefit from easier conditions.

Why a lawyer is essential

Asylum procedures are complex and emotionally demanding. A lawyer helps you:

  • Prepare and present your story clearly
  • Meet deadlines
  • Obtain medical reports or expert opinions
  • Communicate effectively with authorities and courts
  • File appeals
  • Prevent deportation

Many cases fail due to formal mistakes or incomplete submissions. Professional legal support can significantly increase your chances of success.

My services in asylum law

I represent clients nationwide in all aspects of asylum and residence law:

  • Advice on prospects of success
  • Preparation for the BAMF hearing
  • Drafting legal submissions
  • Accompaniment to hearings and interviews
  • Appeals against negative decisions
  • Emergency motions against deportation
  • Hardship applications
  • Advice on family reunification
  • Support in cases of church asylum
  • Communication with immigration authorities

Contact – Get advice in time

An asylum procedure can determine your entire future. Do not wait until deadlines expire or deportation becomes imminent.

Phone: +49 172 8974716
E-Mail: beisel@duckscheer.de

Contact me for an initial consultation – I will protect your rights and fight for your residence in Germany.

Strafverteidiger Tom Beisel