First country of asylum

Germany

Author

Informationsverbund Asyl und Migration

The “first country of asylum” concept is not referred to as such in German law. However, as of 6 August 2016, Section 27 of the Asylum Act refers to cases where a person was already safe from persecution in “another third country” (sonstiger Drittstaat) as grounds for inadmissibility. Such safety is presumed where the applicant holds a travel document from that country,1 or has resided there for more than 3 months without being threatened by persecution.2

In the process, important restrictions have been removed. In particular, the former provision could only be applied if return to the safe “other third country” was possible within three months. Although this qualification has been removed, the provision has only been applied rarely, only 7 times, in the period between August and December 2016.3

  • 1. Section 27(2) Asylum Act.
  • 2. Section 27(3) Asylum Act.
  • 3. Federal Government of Germany, Response to a parliamentary question by Member of Parliament Volker Beck, No.1/6, 10 January 2017.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti