According to the asylum statistics presented by the German Interior Ministry on 23 January 2005 the trend of decreasing numbers of refugees coming to Germany continued in 2004. Up until now, the number of people seeking asylum in Germany has been at its lowest in the last 20 years. In 2004, only 35,607 persons applied for asylum which corresponds to only 70 % of the applications in 2003. In 2004, only 960 applicants were recognised as refugees corresponding to 1.5 percent of the decision. 63.9 percent of the applications were refused.

 

There are some interesting new regulations in the area of humanitarian migration. Section 24 of the Residence Act transposes EU-directive 2001/55/EC according to which a refugee is granted temporary protection by issuing a residence permit on the basis of a resolution by the EU-Council.

 

In addition, a residence permit may be granted due to international law or to urgent humanitarian grounds (section 22) or because of the decision of a supreme Land authority (section 23). Moreover, according to the Residence Act all politically persecuted individuals as recognised refugees or as convention refugees enjoy the same residence rights. Both groups may obtain a limited residence permit including the right to take up employment (section 25 (1) (2), 60 (1)). Further more, according to section 25 (3) and 60 (2), (3), (5), (7) of the Residence Act, individuals for who fear torture or death penalty in their home countries or whose life and limb or liberty are threatened will be granted a residence permit. Previously, such people did not obtain a real residence title. In these cases the former Alien Act provided only a prohibition of deportation increasing uncertainty for the individuals concerned.

 

The transposition of the EU Asylum Qualification Directive merits consideration, too. From now on, deportation is prohibited in cases where a person's life, freedom from bodily harm or liberty is threatened solely on account of their sex and also if the persecution emanates from non-state parties (section 60 (1)). This includes women who fear genital mutilation in their home countries.

 

But it generates concern that the new law does not afford an overall right of residence for rejected asylum-seekers who have lived in Germany a long time. People who have lived for ten or fifteen years in Germany may thus face deportation. Only a small number of the rejected asylum-seekers will obtain a limited residence permit. This presupposes that they have already lived in Germany for five years and they cannot be deported for legal reasons.

 

The series on German immigration law is to be continued. Read our next articles on integration efforts in Germany and on German citizenship through naturalisation.

 

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Studying in Germany - entry and residency for educational purposes