The federal ministry of the interior wants to give the authorities a new means of exerting pressure to get asylum seekers to reveal their true identity.
This is the result of a draft "law for better control of asylum and revocation procedures", which is expected to be approved by the cabinet in april. It says a foreigner who is "enforceably obliged to leave the country" must live permanently in a reception facility if he has "swapped or made false statements about his identity or nationality.".
People who do not cooperate in identifying themselves or in obtaining travel documents should not be allowed to move into their own homes. The draft, which was recently sent to the other departments of the federal government for comment, speaks of "reasonable requirements" that the foreigner must meet here. What this means will probably have to be clarified later by judges.
The draft, which was obtained by the german press agency, also stipulates that adult asylum seekers must remain in initial reception facilities for up to 18 months if they have not previously been granted protection status or left the country. Regardless of whether or not the center is a "center for arrival, decision-making and return" (anchor center). For minors and families, the maximum length of stay is six months. However, there is a margin of discretion here. If a reception facility is overcrowded or there are other "compelling reasons", asylum seekers can be accommodated elsewhere.
Mathias middelberg (CDU), the domestic policy spokesman for the CDU/CSU parliamentary group, told dpa that "identity changers" and "cooperation resisters" should generally remain in these facilities. "The central accommodation of these persons should facilitate the deportation of those who are obliged to leave the country in the future," he added.
Federal minister of the interior horst seehofer (CSU) has recently emphasized on several occasions that the principle of "the honest man is the fool" should no longer apply in the asylum procedure. That's why he wants to exclude foreigners who make false declarations from the planned "employment toleration" program for rejected asylum seekers who have a permanent job.
Those who live in a reception center are not normally allowed to work. The draft also provides for residents of these facilities to receive a work permit if the federal office for migration and refugees (bamf) has not decided on their asylum application within nine months. People from countries such as serbia or ghana, which are considered "safe countries of origin", are excluded from the campaign.
The federal government is keen for the bill to be passed quickly, as it also provides for a temporary extension of the period for withdrawal and revocation from three to up to five years. This should give the bamf more time to make a difference with around 700.000 refugees who had been recognized in the years 2015 to 2017 to see whether they are still entitled to protection in germany.
The decisive factor is the development in the country of origin. But the review is also intended to find out whether there are any indications of misrepresentation of identity in the meantime. "With the temporary extension of the three-year deadline, we are preventing a renewed backlog in the processing of asylum applications and giving the bamf the time it needs to carefully review recognitions during the peak of the refugee crisis," said middelberg. The left-wing parliamentary group in the bundestag considers the review of all cases to be superfluous, since in the past the protection status had only been withdrawn in a few cases.