Accelerated procedure

Germany

Country Report: Accelerated procedure Last updated: 30/11/20

Author

Informationsverbund Asyl und Migration Visit Website

An accelerated procedure exists since March 2016. According to Section 30a of the Asylum Act, the accelerated procedure can be carried out in branch offices of the BAMF which are assigned to a “special reception centre” (besondere Aufnahmeeinrichtung). Only in these locations can accelerated procedures be carried out for the asylum seekers who:[1]

  1. Come from a Safe Country of Origin;
  2. Have clearly misled the authorities about their identities or nationalities by presenting false information or documents or by withholding relevant documents;
  3. Have in bad faith destroyed or disposed of an identity or travel document that would have helped establish their identities or nationalities, or if the circumstances clearly give reason to believe that this is so;
  4. Have filed a subsequent application, in case they have left Germany after their initial asylum procedure had been concluded;[2]
  5. Have made an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in their deportations;
  6. Refuse to be fingerprinted in line with the Eurodac Regulation; or
  7. Were expelled due to serious reasons of public security and order of if there are serious reasons to believe that they constitute a serious threat to public security and order.

In the accelerated procedure, the BAMF has to decide within 1 week (7 calendar days).[3] If it rejects the asylum application as manifestly unfounded or inadmissible within this timeframe, the procedure is carried on as an accelerated procedure and the asylum applicants are obliged to stay in the “special reception centres”. If the BAMF does not decide within one week, or if the application is rejected as simply “unfounded” or if protection is granted, the applicant is allowed to leave the special reception centre and the procedure is carried on as a regular procedure, if necessary.[4]

During an accelerated procedure, asylum seekers are obliged to stay in the special reception centres.[5] These are not closed facilities, but asylum seekers may leave the premises and are free to move around in the local area (town or district). In this respect, the same rules apply to them as to asylum seekers in the regular procedure who also face a “residence obligation” in the first months of an asylum procedure (see Freedom of Movement). However, asylum seekers in the accelerated procedure face significantly stricter sanctions for non-compliance with the “residence obligation”: If they leave the town or district in which the special reception centre is located, it shall be assumed that they have failed to pursue the asylum procedure.[6] This may lead to the termination of their asylum procedure and rejection of their application.

From 1 August 2018 onwards, the “special reception centres” existing in Bamberg and Manching/Ingolstadt were renamed as AnkER centres.[7] The accelerated procedure does not seem to have been applied therein since then. The BAMF does not collect statistics on the use of the accelerated procedure.[8] By and large, it can be concluded that introduction of the accelerated procedure under Section 30a of the Asylum Act has only had little impact on asylum procedures in general.

In the Federal State of North Rhine-Westphalia, a directive is in place which enables the regional government to establish „special reception centres“ in which persons, for whom an accelerated procedure under Section 30a Asylum Act has been carried out, should be accommodated.[9] According to local media reports, a facility in the town of Echtrop has been designated a „special reception centre“ in April 2018.[10] Since the BAMF does not have a branch office in this facility, it is not clear how accelerated procedures are actually carried out at this facility. Apparently, persons from safe third countries are accommodated in this facility after their applications have been rejected elsewhere. Thus, the main purpose of this facility does not seem to be the acceleration of procedures but to impose stricter sanctions (as described above) on certain groups of persons whose applications have been found to be „manifestly unfounded“.

The rules concerning personal interviews, appeal and legal assistance are similar to those described in the Regular Procedure and, for inadmissibility decisions, the Admissibility Procedure.



[1] Section 30a(1) Asylum Act.

[2] This qualification (that only asylum seekers who have left Germany after a first asylum procedure are subject to this provision) is not contained in the law. However, a representative of the BAMF stated in a committee hearing in Parliament that the authorities were obliged to make use of this qualification for legal reasons. The Federal Government later explained that the authorities would “presumably” apply the law in this manner: Federal Government, Response to a parliamentary question by Member of Parliament Volker Beck, 18/7842, 8 March 2016, 19.

[3] Section 30a(2) Asylum Act.

[4] Section 30a(2)-(3) Asylum Act.

[5]Section 30a(3) Asylum Act.

[6]Section 33(2)(3) Asylum Act.

[7] Markus Kraft, Die ANKER-Einrichtung Oberfranken, Asylmagazin 10-11/2018, p. 351-353.

[8] Information provided by the BAMF, 1 August 2017. 

[9]Federal State of North Rhine-Westphalia, Verordnung über Zuständigkeiten im Ausländerwesen (ZustAVO), 10 September 2019 (last amendment), Section 11,

[10] Soester Anzeiger, ZUE Echtrop nun "besondere Aufnahmeeinrichtung", 18 May 2018, available at: https://bit.ly/2ZSbkDs.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation