Hearing Procedure / Anhörungsverfahren
The fourth stage of the asylum process involves the hearing procedure.The BAMF is again the most important authority during this stage of the process.
The fifth stage of the asylum process involves the decision regarding your asylum application. The BAMF is again the most important authority during this stage of the process. Addresses and advice.
In der vierten Phase Ihres Asylverfahrens geht es um das Anhörungsverfahren. Die wichtigste Behörde in dieser Phase ist erneut das Bundesamt für Migration und Flüchtlinge (BAMF).
In der fünften Phase Ihres Asylverfahrens geht es um den Asylentscheid. Die wichtigste Behörde in dieser Phase ist weiterhin das BAMF. Adressen von Behörden und Beratungsstellen.
The fifth stage of the asylum process involves the decision regarding your asylum application. The BAMF is again the most important authority during this stage of the process. Addresses and advice.
In der vierten Phase Ihres Asylverfahrens geht es um das Anhörungsverfahren. Die wichtigste Behörde in dieser Phase ist erneut das Bundesamt für Migration und Flüchtlinge (BAMF).
In der fünften Phase Ihres Asylverfahrens geht es um den Asylentscheid. Die wichtigste Behörde in dieser Phase ist weiterhin das BAMF. Adressen von Behörden und Beratungsstellen.
The hearing is the meeting at which you explain about your escape from your country. You give an account to the BAMF staff explaining why you left your home country and came to Germany, and what threats would exist if you were to return to your country of origin. The BAMF staff then make a decision regarding your asylum application.
The hearing is the most important meeting in your asylum process. You should therefore be very well prepared for this and plan in advance exactly what you are going to say. It is very important that you are completely honest. You cannot add or withdraw any statement afterwards. A refugee consultation service can help you to prepare for your hearing and, in complicated cases, note down dates with you and
gather evidence in order to avoid potential misunderstandings.
There are various consultation centres in Stuttgart. The addresses and nearest public transport stations for these can be found in the Appendix. The office hours are also detailed there.
Consultation: What do I need to bring with me to the consultation?
It is important that you arrive at your meeting on time. If you have a meeting set up and you are unable to keep this time, you must be sure to call in advance and postpone the meeting. If you fail to appear at your hearing, your application for asylum can be immediately declined.
Do not take a mobile phone with you into the hearing. If you would prefer to recount the story of your escape from your country in writing, you can state this at the beginning. If you would prefer a trusted person to accompany you to the hearing, this can be done. You will need to register this person in advance at the BAMF for this purpose. Ask a social worker or volunteer for assistance with this.
gather evidence in order to avoid potential misunderstandings.
There are various consultation centres in Stuttgart. The addresses and nearest public transport stations for these can be found in the Appendix. The office hours are also detailed there.
Consultation: What do I need to bring with me to the consultation?
- Proof of arrival (or BüMA)
- Proof of country of origin
- Certificates, references
- Evidences
It is important that you arrive at your meeting on time. If you have a meeting set up and you are unable to keep this time, you must be sure to call in advance and postpone the meeting. If you fail to appear at your hearing, your application for asylum can be immediately declined.
Do not take a mobile phone with you into the hearing. If you would prefer to recount the story of your escape from your country in writing, you can state this at the beginning. If you would prefer a trusted person to accompany you to the hearing, this can be done. You will need to register this person in advance at the BAMF for this purpose. Ask a social worker or volunteer for assistance with this.
Your hearing will take place at one of the local BAMF offices. For this purpose, you need to visit the processing point responsible for your shelter. This can be in Karlsruhe, Meßstetten, Ellwangen, Sigmaringen or Reutlingen/Eningen. Ask a social worker which processing point has responsibility for your shelter.
During the hearing, it is important that you have clearly understood the questions before giving your responses. You can ask as many questions as you wish. If you feel that the interpreter is not doing their job properly, request a replacement interpreter immediately. Make sure that this is noted in the transcript. The transcript is the word-for-word record of the full hearing. To begin with, you will be asked a number of detailed questions regarding your travel route to Germany. If you have any travel or flight tickets, photographs or other documents that provide evidence of your escape route, you should produce these. These act as proof of your country of origin.
Try to give very detailed responses and also describe the unpleasant details. It is important that you recount your escape story chronologically. Never let yourself be placed under any time pressure, but explain everything as clearly as possible.
During the hearing, it is important that you have clearly understood the questions before giving your responses. You can ask as many questions as you wish. If you feel that the interpreter is not doing their job properly, request a replacement interpreter immediately. Make sure that this is noted in the transcript. The transcript is the word-for-word record of the full hearing. To begin with, you will be asked a number of detailed questions regarding your travel route to Germany. If you have any travel or flight tickets, photographs or other documents that provide evidence of your escape route, you should produce these. These act as proof of your country of origin.
Try to give very detailed responses and also describe the unpleasant details. It is important that you recount your escape story chronologically. Never let yourself be placed under any time pressure, but explain everything as clearly as possible.
The transcript will be read out to you at the end of the hearing. If you wish to add any further details, you should do this immediately and do not provide your signature until you have the read the text through in your own time and corrected any mistakes. The interpreter should
ranslate the document back to you word for word. Make sure to double check any inconsistencies and clarify what you want to say. There will be no opportunity to do this later on. Once you have read through everything carefully, sign the transcript. You must ensure that you obtain a copy of the transcript and file this in your folder.
ranslate the document back to you word for word. Make sure to double check any inconsistencies and clarify what you want to say. There will be no opportunity to do this later on. Once you have read through everything carefully, sign the transcript. You must ensure that you obtain a copy of the transcript and file this in your folder.
After you have told your escape story, the BAMF will assess your asylum application. This process can take some time. So you should therefore remain patient. Since the decision is sent to you in writing, it is essential that you check the post in your accommodation every day. If you move to a different shared accommodation centre or apartment, you must inform the BAMF of your new address immediately. Once you receive notification of the decision, you must keep this letter together with the envelope and file it away in your folder. You must keep hold of the envelope as this acts as proof of the date that you received the letter.
If the letter from the BAMF states that 'refugee status is to be granted', then that is positive. You are awarded this status if you are under persecution back in your home country on the grounds of your race, nationality, political conviction or belonging to a particular social group. Upon being approved, you will receive a residency permit for 3 years.
Subsidiary protection
If the letter from the BAMF states that 'subsidiary protection status is 'approved', that means that your residency permit is initially limited to 1 year. You are awarded subsidiary protection, for example, whenever you are under serious threat of harm in your home country. Depending on how the situation in your homeland evolves, your residency permit can either be let to expire or extended.
If you are granted refugee status or approved as a person eligible for subsidiary protection, your period of stay between your incontestable approval as a refugee or person eligible for subsidiary protection and the decision regarding your residency permit will be deemed to have been lawful. Nevertheless, even as an approved refugee or person eligible for subsidiary protection, you must still make your own application to the immigration authorities for a residency permit.
You will receive a letter from the immigration authorities advising you of a deadline for the application. Once your application has been made, a probationary certificate will be issued to you in the first instance as proof of your authorised residence, which is then replaced with the residency permit. You will receive your residency permit in the form of an electronic residence document. This acts as your substitute passport from then on.
Subsidiary protection
If the letter from the BAMF states that 'subsidiary protection status is 'approved', that means that your residency permit is initially limited to 1 year. You are awarded subsidiary protection, for example, whenever you are under serious threat of harm in your home country. Depending on how the situation in your homeland evolves, your residency permit can either be let to expire or extended.
If you are granted refugee status or approved as a person eligible for subsidiary protection, your period of stay between your incontestable approval as a refugee or person eligible for subsidiary protection and the decision regarding your residency permit will be deemed to have been lawful. Nevertheless, even as an approved refugee or person eligible for subsidiary protection, you must still make your own application to the immigration authorities for a residency permit.
You will receive a letter from the immigration authorities advising you of a deadline for the application. Once your application has been made, a probationary certificate will be issued to you in the first instance as proof of your authorised residence, which is then replaced with the residency permit. You will receive your residency permit in the form of an electronic residence document. This acts as your substitute passport from then on.
After five years in Germany, you can apply for a settlement permit, if you meet certain conditions. This permit is unlimited and entitles you to gainful employment. It is best to find out more about this process at the Foreign Office.
There are two different forms of rejection:
Rejection with prohibition of deportation
If the letter from the BAMF states that 'refugee status is not granted', then that is negative. Effectively, you are now required to leave the country. However, if the letter also states that a 'prohibition of deportation' applies to you, you are entitled to stay in Germany for a while longer. This means that you are not being deported from Germany due to legal or humanitarian reasons. The BAMF can issue a prohibition of deportation, for example, if returning you to your home country would threaten to contravene the European Convention on Human Rights (ECHR) or your return home would represent a clear and substantial danger to your body, life and freedom - i.e. due to severe illness or lack of subsistence level income. As a general rule, the establishment of a prohibition of deportation leads to you being issued with a residency permit. You are otherwise fully tolerated.
Rejection of asylum application
If the letter from the BAMF states that 'refugee status is not granted', then that is negative. This means that your application for asylum was rejected. This can be due to the fact, for example, that you have come from a country of origin that is classified as safe or that you have entered Germany via a safe third country. You will not receive a residency permit with the rejection and you will be requested to leave the country within a specified period of time. If you fail to comply with this request, you will face potential deportation.
Rejection with prohibition of deportation
If the letter from the BAMF states that 'refugee status is not granted', then that is negative. Effectively, you are now required to leave the country. However, if the letter also states that a 'prohibition of deportation' applies to you, you are entitled to stay in Germany for a while longer. This means that you are not being deported from Germany due to legal or humanitarian reasons. The BAMF can issue a prohibition of deportation, for example, if returning you to your home country would threaten to contravene the European Convention on Human Rights (ECHR) or your return home would represent a clear and substantial danger to your body, life and freedom - i.e. due to severe illness or lack of subsistence level income. As a general rule, the establishment of a prohibition of deportation leads to you being issued with a residency permit. You are otherwise fully tolerated.
Rejection of asylum application
If the letter from the BAMF states that 'refugee status is not granted', then that is negative. This means that your application for asylum was rejected. This can be due to the fact, for example, that you have come from a country of origin that is classified as safe or that you have entered Germany via a safe third country. You will not receive a residency permit with the rejection and you will be requested to leave the country within a specified period of time. If you fail to comply with this request, you will face potential deportation.
There is the so-called repatriation counselling. This is where staff members help you with the preparation and organisation for your leaving the country or return home. They also check if there are any relief organisations in your home country that can help you with your return home.
Consultation: What do I need to bring with me to the repatriation consultation?
Consultation: What do I need to bring with me to the repatriation consultation?
- Valid passport documents
- Proof of arrival (or BüMA)
- Notification of rejection
If you believe that your asylum application has been unfairly rejected, you are entitled to legal advice. This will allow you to establish if there is still any possibility for you to take action against the rejection decision.
You have several opportunities to raise objections. To do this, you should lodge a complaint right away at the administrative court. Appeals brought before German courts will incur costs. You are normally expected to fund this yourself. Your should therefore speak beforehand with a member of staff at the psychological support and legal aid department. They can tell you whether there is any point in you making a complaint or not. If your objection is rejected at the administrative court, there are other ways of making a complaint. You should also speak with a member of staff from the psychological support and legal aid department.
Consultation: What do I need to bring with me to the legal consultation?
You have several opportunities to raise objections. To do this, you should lodge a complaint right away at the administrative court. Appeals brought before German courts will incur costs. You are normally expected to fund this yourself. Your should therefore speak beforehand with a member of staff at the psychological support and legal aid department. They can tell you whether there is any point in you making a complaint or not. If your objection is rejected at the administrative court, there are other ways of making a complaint. You should also speak with a member of staff from the psychological support and legal aid department.
Consultation: What do I need to bring with me to the legal consultation?
- Valid passport documents
- Proof of arrival (or BüMA)
- Notification of rejection
