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Asylum Law
The Basic Law for the Federal Republic of Germany stipulates: “Persons persecuted on political grounds shall have the right of asylum.” (Art. 16a paragraph I of the Basic Law)
The principle of “territorial asylum” applies in the Federal Republic of Germany in accordance with which protection can only be granted to asylum seekers if they are already on German territory or at the German border.
The Federal Office for Migration and Refugees and the Federal Ministry of the Interior are fundamentally responsible for conducting asylum procedures.
The former decides in accordance with statutory provisions on applications submitted by asylum-seekers. Lawsuits against decisions by the Federal Office for Migration and Refugees may be brought before Administrative Courts. The relevant Land authority is responsible for deciding whether to enforce possible deportations and actual repatriations.
The Federal Foreign Office regularly draws up individual reports on conditions affecting asylum applications in and deportation to the main countries of origin of those seeking protection as inter-agency assistance for the federal interior authorities (the Federal Office for Migration and Refugees) and the Länder authorities (foreigners authorities), which are responsible for implementing the Asylum and the Residence Acts, and for the competent Administrative Courts to help them with asylum decisions.
In addition to the information it provides in the asylum-related reports, the Federal Foreign Office answers, by way of inter-agency assistance, enquiries from authorities and courts on a specific factual situation or on the conditions affecting asylum applications in and deportation to the country of residence or origin of a person seeking protection.