Welfare organisations and other NGOs offer free advice services which include basic legal advice.[1] However, access to NGOs is highly dependent on the place of residence. In some reception centres, welfare organisations or refugee councils have regular office hours or are located close to the centres so asylum applicants can easily access the offices of such organisations. However, offices of NGOs do not exist in all relevant locations and in any case, access to such services is not systematically ensured. As of 2025, there is no mechanism at the federal level which ensures that asylum applicants are getting access to legal advice from an independent institution before the interview.
In contrast, the Federal Administrative Court decided in 2023 that there is no obligation to provide regular access to reception centres for welfare associations. Only in cases where counselling was explicitly requested by the asylum applicant and the respective welfare association received a mandate to counsel this individual applicant, access needs to be granted.[2] The Munich Refugee Council criticised this decision stating that it has significant national implications, particularly in light of the recent legal establishment of independent asylum procedure counselling under §12a of the Asylum Act (AsylG), along with corresponding funding by the federal government.[3] The Council stressed that this ruling opened the door for particularly restrictive state governments, like Bavaria, to hinder the provision of independent counselling by denying access to these accommodations. Therefore, they demand that, in the absence of a clear legal entitlement to enter asylum centres, the government urgently amend the law to provide a solid legal basis (see: Provision of information on the procedure).
Following an initial period in a reception centre, asylum applicants are usually referred to accommodation centres or apartments in other places of residence (see Types of accommodation). Some of these accommodation centres are located in remote areas without proper access by means of public transport. If the place of residence is located far away from the next town, travel costs to get there may also pose a serious problem in practice, since these costs would only be covered by public funds in exceptional cases. Accordingly, access to NGOs can be severely restricted under such circumstances.
The so-called ‘geographical restriction’ or ‘residence obligation’ (Residenzpflicht) also poses a legal obstacle for many asylum applicants who wanted to contact an NGO or lawyer. Beyond the obligation to stay in initial reception centres, a general residence obligation is imposed for asylum applicants from safe countries of origin for the whole duration of their procedures (see Freedom of movement).[4] Therefore the ‘residence obligation’ and the obligation to remain in a particular reception centre pose serious obstacles for access to NGOs and UNHCR in many cases.
For information on access to NGOs during the airport procedure, see Border procedure (border and transit zones).
[1] A database of advice services for asylum seekers is available at: https://bit.ly/2Ho73Az.
[2] Federal Administrative Court, Decision 1 C 40.21, 28 March 2023, available in German at: https://bit.ly/480lN0o, para. 27f.
[3] Refugee Council Munich, Annual report 2023, March 224, available in German here.
[4 Section 47(1a) Asylum Act.