First country of asylum

Germany

Country Report: First country of asylum Last updated: 30/11/20

Author

Informationsverbund Asyl und Migration Visit Website

The “first country of asylum” concept is not referred to as such in German law. However, Sections 27 and 29(1)(4) of the Asylum Act refer to cases where a person was already safe from persecution in “another third country” (sonstiger Drittstaat) as a ground 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]

Important restrictions to the application of the provision have been removed in 2016. In particular, the former provision could only be applied if return to the safe “other third country” was possible within 3 months. Although this qualification has been removed, the provision has been applied rarely, only 37 times in 2018 and 38 times in 2019 (see Admissibility Procedure).[3]



[1]  Section 27(2) Asylum Act.

[2]  Section 27(3) Asylum Act.

[3]  Federal Government, Response to parliamentary question by The Left, 19/18498, 2 April 2020, 6.

 

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