AsylG

AsylG, short for Asylgesetz (Asylum Act), is a German federal law that forms the core framework for handling asylum in Germany. It was enacted in 1992 and has been amended numerous times since, reflecting shifts in policy and EU law. The act governs who may receive protection, the procedures for applying for asylum, and the duties and rights of asylum seekers as well as the responsibilities of authorities.

The law outlines the asylum process. Applications are examined by the Federal Office for Migration and Refugees (BAMF), with procedures that can include regular and faster tracks and, in some cases, transfers under the Dublin Regulation. Decisions can be appealed before Administrative Courts. The AsylG defines the main protection statuses: refugee status under the 1951 Refugee Convention, subsidiary protection for those at risk, and, where removal is not possible, temporary toleration (Duldung). It also covers procedural requirements for applicants, possibilities for detention in specific circumstances, and the handling of information and cooperation during the proceedings.

The AsylG operates within the broader EU and constitutional framework. It interacts with EU asylum law, including the Dublin Regulation and EU procedures, and is constrained by the German Basic Law, especially Article 16a, which guarantees a right to asylum subject to constitutional limits. Over the years, amendments have aimed to streamline procedures, adjust eligibility criteria, and align benefits and protections with ongoing policy debates in Germany and the EU. The law is administered by BAMF, with remedies and oversight provided through the administrative judiciary.