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Germany to examine asylum processing in third countries

The German government is planning to start the asylum applications processing in third countries. On 20 June, during the meeting between the Federal Chancellor and the heads of government of the federal states (MPK), the Federal Government reported on the results of the review to date of whether the protection status of refugees can also be determined in transit or third countries in compliance with the Geneva Refugee Convention and the European Convention on Human Rights.

Further insights will also come from information on the results of the agreement between Italy and Albania and the British ‘Rwanda model’ in practice, reports BMI Bund Germany.

The Federal Ministry of the Interior has explained the possibilities for asylum procedures in third countries with 23 national and other international experts. There are four hearings and an international exchange. In addition to migration and legal experts, representatives from Denmark and Great Britain, the EU Commission, the UN refugee agency UNHCR, and the International Organization for Migration (IOM) also took part.

When selecting the experts, suggestions from the countries were also taken into account. The experts cover a broad spectrum of opinions on migration and legal issues.

Plans of asylum processes in third countries

The experts are predominantly critical of the implementation of asylum procedures in third countries due to the legal and practical hurdles and the costs, which would probably exceed the accommodation of refugees in Germany many times over.

In addition, according to the experts’ assessments, possible deterrent effects that could lead to less irregular migration cannot be predicted with certainty. However, the experts largely agree that asylum procedures in third countries would in principle be legally possible if a third country met the high international law requirements, in particular the Geneva Refugee Convention and the European Convention on Human Rights. These standards must be met in a third country for Germany to transfer people there.

Further rules in the future

The planned review will continue and will also play a role in the implementation of the new Common European Asylum System (CEAS). The concept of the safe third country is provided for in the new Asylum Procedure Regulation. As part of the CEAS reform, the EU Commission is obliged under the Asylum Procedure Regulation to review the concept of the safe third country by June 12, 2025. There will also be further consultations on this at the EU level.

Statement of the Minister

Federal Minister of the Interior Nancy Faeser:

“The Common European Asylum System is a giant step forward and will be the key to limiting irregular migration. In this way, we will ensure limitation, control, strong protection of the EU’s external borders and a fairer distribution within Europe. The fastest possible implementation of the Common European Asylum System therefore remains our highest priority.

We will continue the comprehensive and open-ended review of asylum procedures in third countries. Cooperation with third countries can be another building block of migration policy. However, unlike the EU asylum system, these cannot have a major effect on limiting the number of refugees – the historical experiences of Italy and Great Britain show this.”

Efforts of the German government for asylum seekers

The German government has been proactively helping the new asylum seekers in the country. The government passed a new asylum law which is in effect from 27 February 2024. Many benefits and tough rules were made a part of these new laws.

They are allowed to work legally after spending some time at the reception centers. Some of them after passing five years in Germany were also given 18 months residence permits without job offers or language requirements.

The asylum seekers in the beginning do not have to pay for the heating, rent, or other utilities. They are paid monthly amounts for the daily expenses.

They can also take part in training and vocational courses where they learn a profession and are also paid.

On Friday, 12. 04.2024, the Bundestag (German Lower Parliament House) decided on the possibility of issuing chip cards instead of cash. In the future, asylum seekers will be able to use this card to cover their monthly personal needs. The payment card would be used to pay for goods and services in everyday life, as well as groceries in the supermarket a visit to the hairdresser, or a ticket from a machine.