Content of the new draft of asylum law

The reform is supposed to pass before Christmas.

version 20.11.2015 / The last tightening of the asylum law has just come into affect on 24th of october. With an incredible velocity, the ministry of internal affairs pulled out the next attack that violates even more human rights. It become public on 18th of November.
On Sunday, the government will discuss and forward it into the parliamentarian consultation. The reform is supposed to pass before Christmas.

Here the most important changes:

1. Installation of `special reception centers´ („besondere Aufnahmeeinrichtungen“) with accelerated asylum procedures („beschleunigte Asylverfahren“). It stipulate to decide asylum application of the inmates within one (sic!) week and two more weeks for appeal to court. [This part of the draft seems to be expression of a complete loss of sense of reality, given the actual duration of asylum processes that actually exceeds one year in many cases, without court process.] The plan is to concentrate not only people from „save countries“ but also refugees without papers (who supposingly have destroyed or hidden their papers), who give „obviously false information“ in their idendity or who refuse to give their fingerprints for registration. Also refugees that had applied for asylum before should be subjected to this accelerated proceedures.[That could mean, for instance, that an afghan refugee living and working for years in Germany who applies for asylum a second time because of worsened security conditions in Afghanistan would be forced to move to a `special reception center´]

2. The „Residenzpflicht“ (restriction of movement) should be tightened and restricted to the administrative district of the reception center.

3. In case an asylum seeker leaves the reception center where he or sho is obliged to stay or „violates“ the Residenzpflicht, the asylum procedure is cancelled. In case of recurrence, there would be no posibility to re-install the asylum procedure. [This is the reaction of the law-and-order-fraction on the independence of the refugee movement inside Germany that cannot be controlled in the moment. Anyway, this change could mean that they „legalise“ even deportation into torture and death, just in order to control and to punish people who just do not accept racist restrictions and want to move freely. ]

4. So called „deportation obstacles“ for medical reasons shall be limited to diseases that immediatly threat for the live or health of someone who shall be deported. An illness that existed before someone came to Germany should not be considered any longer. For many people who need medical care (for example dialisis patients), for mentally ill or heavily traumatized people, that could mean deportation into a certain dead. (The ministry of internal affairs wanted to empower itself to exclusively detemine which medics are authorised to make a medical expertise before a deportation. This passus has been canceled in the current version of the draft.)

5. Family unification shall be suspended for two years for refugees with a subsidiary protection status (subsidiärer Schutzstatus). [This is clearly adressed against syrian refugees. In december the ministers of internal affairs will decide in limiting the protection status for syrians who until now use to receive the recognition as refugees according to UN Geneva Convention. ]

Wir haben eine Zusammenfassung des Referentenentwurfs auf Englisch versucht. Sprachlich ist noch Lust nach oben; wer also Zeit hat zu korrigieren: Nur zu! Der Zeitplan rückt wg. Unstimmigkeiten in der Koalition wohl nach hinten; eine Verabschiedung noch vor Weihnachten wird unwahrscheinlicher.

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