In everyday language, the term “refugee” is often used to refer to groups of people fleeing to Germany. However, under the Asylum Act, the term applies exclusively to recognized refugees under the Geneva Convention on Refugees. Since not all individuals receive this form of protection after completing the asylum process, the Federal Office for Migration and Refugees, as the implementing authority of the Asylum Act, defines the other forms of protection as follows:
People who wish to apply for asylum and are not yet registered as asylum seekers with the Federal Office are referred to as asylum seekers. Asylum seekers are in the asylum process and have a temporary residence permit until a decision is made on their asylum application.
Individuals who receive a positive asylum decision are recognized refugees under the Geneva Convention on Refugees (Section 3 of the Asylum Act) or persons entitled to asylum (Article 16a of the Basic Law) with a residence permit.
Refugees who are not granted asylum but who face a serious threat of harm in their country of origin are granted subsidiary protection (Section 4 of the Asylum Act) with a residence permit initially valid for one year. These groups of people receive a residence permit in the form of an electronic chip card, which replaces the previous adhesive sticker in the passport.
Further information on the electronic residence permit can be found on the BAMF website.
Individuals subject to a national ban on deportation following the conclusion of the asylum procedure are legally classified under the Residence Act (Section 60, Paragraphs 5 and 7 of the Residence Act). Refugees whose asylum applications have been rejected are required to leave the country. However, if departure is not possible for legal reasons, they are granted “tolerated” status. Tolerated persons are legally classified under the Residence Act (Section 60a AufenthG). Further provisions and detailed explanations can be found on the BAMF website.
Authors Dr. Birgit Reese and Dr. Marten Vogt of the Scientific Service of the German Bundestag have summarized detailed descriptions of the categories of asylum protection.
Several factors are decisive for determining protection status or a form of protection. In the first instance, the countries of origin are decisive. A distinction is made between safe countries of origin, third countries, and countries with good prospects for remaining. People from countries with good prospects for remaining in Germany have the highest chances of obtaining a residence permit in Germany. Since 2022, Afghanistan, Eritrea, Somalia, and Syria have been classified in this category (see BAMF circular). People from safe countries of origin face greater difficulties in obtaining a residence permit. Since the entry into force of the Act on the Determination of Safe Countries of Origin by Statutory Instrument and on the Abolition of Legal Representation in Deportation Detention and Pre-Departure Detention, which countries are considered safe depends on whether the case involves asylum under Article 16a of the Basic Law or international protection. The safe countries of origin within the meaning of Article 16a(3), sentence 1 of the Basic Law are listed in Annex II of the Asylum Act. Safe countries of origin within the meaning of Directive 2013/32/EU on common procedures for granting and withdrawing international protection are determined by the Federal Government by statutory order.
Many asylum seekers, such as children, adolescents, or people with disabilities, have special protection needs and associated rights that must be taken into account in the asylum procedure. The SENSA project—Raising Awareness of Special Protection Needs of Asylum Seekers in Saxony-Anhalt and Thuringia—helps identify these protection needs so that fair and legally sound asylum procedures can be ensured. The project offers, for example, training programs, expert conferences, networking opportunities, and informational materials for all parties involved in the asylum process, including specialized counseling services, guardians of unaccompanied minors, and the vulnerable individuals themselves. In Saxony-Anhalt, the project is implemented by the Saxony-Anhalt Refugee Council.