Benefits for asylum seekers
The Basic Law of the Federal Republic of Germany stipulates
"Politically persecuted persons shall enjoy the right of asylum."
(Art 16a para. I Basic Law)
The asylum procedure is carried out by the Federal Office for Migration and Refugees (BAMF). The asylum procedure determines whether an asylum seeker should be granted asylum, refugee protection or subsidiary protection or whether the asylum application should be rejected. The procedure is divided into several steps.
Application for asylum
Firstly, the foreigner registers as an asylum seeker. This happens either directly when they cross the German border or once they are inside Germany. Due to the high number of refugees, the asylum application is currently only submitted after approximately one to three months in the initial reception centre (EAE) at the responsible BAMF branch office. Once the asylum application has been submitted, the foreign national is authorised to stay in Germany.
Distribution
The person concerned is then assigned to the authority responsible for initial reception. Distribution to the individual federal states is based on the "Königstein Key".
Application
The asylum application is submitted at a BAMF branch office assigned to the EAE. The applicant must appear in person. After the asylum application has been submitted, the refugees receive a residence permit in the form of an official certificate. For the first three months of their stay in Germany, asylum seekers are limited to the district of the issuing authority. This means that asylum seekers are not allowed to leave the district in which the assigned initial reception centre is located. Only after three months is an asylum seeker permitted to reside anywhere in Germany unless the immigration authority has ordered a geographical restriction (Section 59b Asylum Procedure Act).
Personal interview
In the interview, an asylum seeker describes their persecution. The interview is the basis for the decision as to whether asylum can be granted. The decisive factor is always the individual's fate.
Decision
The applicant will be notified of the decision on the asylum application in writing. The notification contains a statement of reasons and information on legal remedies.
Legal remedy
The asylum seeker has the right to appeal to the administrative courts against a negative decision by the BAMF. The competent administrative court, the time limit for lodging an appeal and the possible need to file an application for interim legal protection can be found in the information on legal remedies attached to the decision. The information on legal remedies is also attached to the decision in a language that the asylum seeker understands. Legal representation is not required before the administrative court.
Decisions of the administrative court in interim relief proceedings and judgements dismissing the claim as manifestly inadmissible or manifestly unfounded are final. In other cases, an appeal to the Higher Administrative Court is only possible if it has been authorised by the Higher Administrative Court at the request of the asylum seeker or the BAMF due to fundamental importance, deviation from the case law of higher courts or serious procedural errors. For comparable reasons, an appeal on points of law may be authorised by the Higher Administrative Court or, on appeal by the asylum seeker or the BAMF, by the Federal Administrative Court. Asylum seekers must be represented by a lawyer before the Higher Administrative Court and the Federal Administrative Court.
Refugees and asylum in Chemnitz
Good preparation and organisation are required to receive and accommodate the refugees and asylum seekers who have arrived in Chemnitz. It is also important to take the concerns of citizens seriously and ensure good co-operation. We have therefore compiled information on various topics and questions.
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Apply for benefits
Asylum seeker benefits are granted to persons who are entitled under § 1 of the Asylum Seekers Benefits Act. These are mainly foreigners who are staying in Germany with a residence permit or tolerated stay.
The benefits are also granted to persons who have a residence permit in accordance with Section 25 (4) or (5) of the Residence Act.
Information and application forms can be found in the service portal of the City of Chemnitz: