Legal assistance for review of detention

Germany

Country Report: Legal assistance for review of detention Last updated: 30/11/20

Author

Informationsverbund Asyl und Migration Visit Website

If asylum applications are lodged by persons in detention, applicants shall immediately be given an opportunity to contact a lawyer of their choice, unless they have already secured legal counsel.[1]

The Constitutional Court ruled in May 2018 that barriers to a lawyer’s access to the Eichstätt facility were not in line with the constitution. In this case, the management of the facility had  advised her that the next available opportunity to contact her client was on the day of deportation.[2]

In general, persons in detention pending deportation have the right to contact legal representatives, family members, the competent consular representation and relevant aid and support organisations.[3]

However, an applicant usually has to cover the costs for legal representation for the purpose of judicial review of detention and representation in the asylum procedure. There is a possibility to apply for legal aid in the context of judicial review of detention, but this is rarely granted since legal aid is dependent on how the court rates the chances of success.

 


[1]  Section 14(3) Asylum Act.

[2]  Federal Constitutional Court, Decision 2 BvQ 45/18, 22 May 2018.

[3]   Section 62a II of the Residence Act.

 

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