Refugees: So many Bamf decisions correct courts

  • From January to September 2018, courts have ruled on more than 131,000 decisions by the asylum authority Bamf.
  • Almost a third of the content decisions were successes for the refugees.
  • Nine refugees were illegally deported in 2018 until the end of November, the federal government announces. Nevertheless, she denies fundamental problems.

Furthermore, many asylum decisions of the Asylum Agency (Bamf) are corrected by courts – in favor of the refugees. Almost a third of the cases, which were decided by judges after a substantive review, ended in the first three quarters of 2018 with successes for the refugees. Administrative courts decided in these cases that the Bamf had wrongly granted no or too weak protection status. For Afghans, the rate is even 58 percent.

These figures are part of the supplementary asylum statistics, which the Federal Government regularly compiles on request from the Left Party. Their domestic spokeswoman Ulla Jelpke criticized the error rate: "This is truly not a glorious page for a federal authority, especially in view of the high legal interests, which is in the refugee law." According to the Federal Government, some 28,000 refugees still received protection status from January to September 2018, which the Bamf initially refused them, 4,500 of them outside of court proceedings. This affected above all Syrians (more than 10,000 cases) and Afghans (9,000).

The Federal Government and Bamf have an error rate of 17 percent in the court decisions because they include not only the substantively ruled cases, but also the "other proceedings", for example when refugees withdraw their claim or the Bamf still granted or improved the status of protection. This happened from January to September 2018 in almost 60,000 cases.

As suggested by the German Bar Association, the Federal Government does not want to use the receipt of a legal action to review a negative decision independently of the court proceedings.

Nine refugees were unlawfully deported until the end of November in 2018, the Federal Government informs and admits that "in individual cases" there were deficiencies in enforcement or communication in the coordination between the federal states, the courts and the Bamf. There were two unlawful deportations in 2017, not one in the three years before. "For those affected an existential catastrophe means, from the point of view of the Ministry of the Interior, nothing more than an industrial accident that can happen," criticizes Jelpke. The federal government denies structural deficits and puts the nine unlawful deportations in relation to the more than 20,000 total deportations in the first ten months.

The number of asylum cases pending before the administrative courts is slow. At the end of September, 323,000 complaints against asylum were pending. While 105,000 new complaints were filed in the first three quarters of last year, a good 131,000 cases were decided.

Deportation failed

Hesse has failed with the attempt to deport a convicted of numerous crimes in Germany Afghan refugee. The Kabul authorities refused to let the man enter the country on his arrival this morning, and sent him back. The reasons given were, according to German statements, doubts about the identity of the man and health concerns. The Federal Ministry of the Interior and the Hessian authorities were surprised by this, especially as they had received confirmation of the identity of the man from Afghan representations in Germany. The Federal Interior Ministry is trying to clarify the matter with the authorities in Afghanistan, said a spokesman for the Interior Ministry in Hesse. The man had to be returned from Kabul to Munich and is now back in the prison in Schwalbach im Taunus. He must serve a prison sentence of three years. Susanne Höll

Meanwhile, family protection is becoming more and more important for refugees. More than three quarters of the people who received protection under the Geneva Convention in Germany in the third quarter of 2018 had traveled to relatives who had already been recognized. Their share has been rising strongly for years. In 2015 and 2016, he was still marginal (under five percent), but in 2017 he was already a good 24 percent. In the past year, he continued to increase per quarter, from 47 over 66 to last 78 percent in the third, as calculated by the left-wing fraction. Most of those who have recently benefited from family protection come from Syria, Iraq, Eritrea and Afghanistan. The left-wing faction attributes the sharp rise in family protection to the fact that many of the relatives who have come to Germany apply for asylum in order to formally clarify their status. More than half of those who received family protection were German-born children: more than 3,700 in the third quarter.

Many seekers of protection still do not submit papers when they submit their asylum application: more than half of the adult refugees came to the Bamf in the first ten months of 2018 without a passport. However, this ratio varies widely, depending on the country of origin: Was about one in four without a passport among the Syrians, the quota for refugees from Nigeria, Somalia and Guinea was almost 100 percent. In order to identify or verify identities, the Bamf evaluates mobile data of asylum seekers. This is done on a voluntary basis, nobody is forced to give his cell phone.

Refugee and migration policy How Richter corrects the sloppiness of the Bamf

How Richter corrects the sloppiness of the Bamf

Almost every rejected seeker complains, tens of thousands with success. Germany's administrative courts are the corrective of the asylum authority. Where else it comes to building permits, play tragic scenes.By Jana Anzlinger and Juri Auel


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