In everyday life, the term refugee ("Flüchtling") is often used to refer to groups of people fleeing to Germany. According to the German Asylum Act, however, the term only includes recognised refugees according to the Geneva Refugee Convention. However, due to the fact that not all individuals receive this form of protection after going through the asylum procedure, the further forms of protection are specified by the Federal Office for Migration and Refugees (BAMF) as the authority that implements the Asylum Act:
Individuals who wish to apply for asylum and who are not yet registered as asylum applicants with the Federal Office are referred to as asylum seekers ("Asylsuchende"). Asylum applicants are involved in the asylum procedure and have a Temporary Residence Permit until the decision on the asylum procedure has been reached.
Individuals who receive a positive asylum decision are recognised refugees according to the Geneva Refugee Convention (Section 3 AsylG) or individuals entitled to asylum (Section 16a of the German Constitution (GG)) with a Residence Permit
Refugees who are not granted asylum but who are threatened with serious harm in their country of origin are granted subsidiary protection (Section 4 AsylG) with a residence permit of initially one year. These groups of individuals receive a residence permit in the form of an electronic chip card, which replaces the previous adhesive label in the passport.
Further information on the electronic residence permit can be found on the website of the BAMF (Federal Agency of Migration and Refugees).
Individuals who are subject to a national ban on deportation following the conclusion of the asylum procedure are legally classified underthe German Residence Act (Section 60, paragraph 5, paragraph 7 AufenthG). Refugees whose asylum application has been rejected are obliged to leave the country. However, if they cannot leave for legal reasons, they are granted the status of tolerated persons. Tolerated persons are classified under the German Residence Act (Section 60a AufenthG). Further provisions and more detailed explanations can be found on the website of the BAMF.
Detailed descriptions of the categories of asylum protection have been summarised by author Dr Birgit Reese and author Dr Marten Vogt of the Academic Service of the German Bundestag.
Several factors are decisive for a protection status or form of protection. In the first instance, the countries of origin are decisive. Here a distinction is made between safe countries of origin, third countries and countries with good prospects of remaining. People from countries with good prospects of remaining have the highest chances of obtaining a residence permit in Germany. As of August 2019, only Syria and Eritrea have been assigned this category. People from safe countries of origin face more difficulty in obtaining a residence title. You can read up on which ones are currently included in Annex II of the Asylum Act. In addition, the Maghreb states (Algeria, Morocco, Tunisia) are currently being considered by the German Bundesrat for inclusion as safe countries of origin.