One day after the liberation of Syria from the Assad regime, the Federal Office for Migration and Refugees (BAMF) in Germany has put all ongoing asylum procedures for Syrians on hold. Many refugees are now worried that they will no longer be able to stay. TuenewsInternational asked the BAMF.
What happens to refugees from Syria with subsidiary protection?
The vast majority of refugees from Syria have not been granted asylum but have been granted subsidiary protection. Nothing is changing for them at the moment. “It is not possible to predict what impact the changing situation will have on the ability of Syrian refugees to return to their home country,” writes the BAMF press office. And further: “The assessment of the protection status of recognized Syrian refugees living in Germany also depends on the further development of the situation. The current residence law stipulates that well-integrated third-country nationals – which of course includes Syrians – do not necessarily have to leave the federal territory because a stay in their country of origin is reasonable. People from many countries live in Germany legally: students, skilled workers and successful self-employed people. Granting protection is not the only legal reason provided for by the right of residence.”
Can refugee status be revoked?
If the situation in Syria calms down permanently and there is no longer any danger, Germany may revoke residence rights. The BAMF writes on its homepage: “The Federal Office is legally obliged to revoke the recognition of asylum, the granting of refugee status, the granting of subsidiary protection and the determination of national prohibitions on deportation in accordance with Section 60 (5) and (7) of the Residence Act if the requirements for this are no longer met. This is the case, for example, if the situation of persecution has changed permanently or no longer exists and the person concerned is no longer at risk if they return.”
Can people from Syria still apply for asylum?
Any foreigner residing in Germany may apply for asylum, writes the office. “This also applies to Syrian nationals.”
What options are there to secure residence?
The Baden-Württemberg Refugee Council advises refugees who have been in Germany for some time to apply for a settlement permit or naturalization. “Anyone who has a settlement permit does not automatically lose it if the BAMF revokes their protection status at some point,” writes the Flüchtlingsrat.
Are there other regions in the world for which asylum procedures have been suspended?
According to the BAMF, this is currently the case for the Gaza Strip. A final assessment is currently not possible there. “There are no signs of a perspective development towards a stabilized situation there, which is why it cannot reasonably be expected that a decision on an asylum application will be made within the legally stipulated, regular processing period of six months,” writes the BAMF at the request of tuenews International. This has been the case since January 9.
However, in March of this year, the Sigmaringen Administrative Court granted subsidiary protection to a refugee from the Gaza Strip (tun24062604). Civilians there were at risk of becoming victims of the large-scale Israeli military operation, the court stated in its reasoning. An end to the open fighting is not to be expected any time soon. The humanitarian situation would also remain catastrophic for the unforeseeable future, threatening inhumane treatment. Similar rulings have been issued by the administrative courts in Dresden and Hamburg.
Further information:
www.bamf.de
tun24121505