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Germany’s new Asylum Seekers Laws? Refugee arrivals prompt debate over the right to asylum.

The number of asylum seekers in Germany has increased between January and July 2023. Almost 175,272 people have submitted asylum applications in Germany during this period. That’s 79% more initial applications than the same time last year.

As the number of asylum seekers increases in 2023, the Federal Office for Migration is receiving an average of over 20,000 asylum applications per month in 2023. Some politicians are calling for an end to asylum rights. But they are enshrined in the German constitution. 

“Politically persecuted persons have the right to asylum”

“Germany needs a break from totally uncontrolled asylum-migration,” Jens Spahn, a leading member of the opposition conservative Christian Democratic

 Union party (CDU) said on the weekend, adding: “Integrating people who have been traumatized by war or violence takes time and resources.

That can only be done well if the number of additional asylum seekers decreases dramatically.”

In this situation, the growing number of refugees and asylum seekers appearing in Germany calls for restricting or completely eliminating the right to asylum are increasing.

All the Municipalities in Germany are feeling overloaded by the extra burden of taking in and integrating refugees. Obtaining accommodation is particularly hard.

Speeches for limiting or completely eliminating the right to asylum are increasing louder. Sigmar Gabriel, former chairperson to the center-left Social Democrat party (SPD) also supports the statement and said,

 “The attempt to react to the modern phenomenon of mass exodus by using the individual right to asylum and the Geneva Refugee Convention will not bring us success.”

About 1 million refugees and asylum seekers arrived in Germany in 2015. The  Far-right anti-immigration

The Alternative for Germany (AfD) party has wanted this as an important policy forum since 2015.

The right to asylum is enshrined in Germany’s constitution 

Asylum rights are not included in countries’ constitutions usually. Germany is one of the few nations that has included the right to political asylum in its constitution. As a lesson from the political victimization of the Nazi era. Article 16a of the Basic Law states: “Politically persecuted persons have the right to asylum.” 

During the 90s, restrictions on the right to political asylum were implemented through constitutional amendments with the support of popular political parties. Since then, the constitution has stated that people can only apply for asylum in Germany if they have not arrived from a so-called safe non-EU country.

Two months ago, CDU lawmaker Thorsten Frey proposed ending the right to asylum, and recommended instead that the UN’s refugee agency UNHCR should choose nearly 400000 refugees a year and then distribute them across the whole Schengen zone.

Refugees are increasing- not only in Germany but worldwide

Refugee numbers are breaking the records. According to the United Nations, the number of refugees worldwide is reaching an all-time high, also due to old conflicts, such as in Sudan, re-igniting. The number of asylum seekers in Germany has increased between January and July 2023. 175,272 people have submitted asylum applications in Germany.

That’s 79% more initial applications than the same time last year. Turkish people searching for protection has tripled in 2023 in comparison with last year.

Most of the people were from:

  • Syria
  • Afghanistan
  • Turkey

The increasing number of refugees from Syria and Afghanistan is due to the insecurity and war in the country. A large number of people migrated to Germany from Ukraine since Russia’s full-scale invasion at the start of 2022. These people were issued a “residence for temporary protection”.

About 16000 visas had been issued for the relatives of those who have already been provided safety are asylum in Germany. Family reunification also falls in this category. In December 2022, authorities recorded a big increase in applications for family reunification for people who have been provided subsidiary protection.

 Holders of subsidiary protection have not been granted asylum or refugee status. They are still in Germany and have not returned to their home country because of their health and safety issues.

An asylum balancing act

Authorities do not wish to compromise the humanist core of German asylum law, at the same time, they are trying to minimize the quantity of new arrivals.

The federal government has designated a group of special people whose duty is to negotiate with the countries of origin of the refugees and to facilitate the deportation of such persons who are seeking asylum and whose request has been rejected. 

A law aimed at mobilizing the asylum procedure in Germany came into effect in January 2023. Officials want immediate action for the EU to reform its asylum rules. Ahead of the European Parliament elections in June next year. They want to confirm that asylum seekers can be turned away from the EU’s external borders if

Chances of sheltering are few. Due to this, the influx of people to Germany decreased. Keep in mind that Germany is supporting the immigration of rapidly required skilled workers. The federal government aims to provide residential rights to around 129000 migrants currently trapped in legal limbo because they have not been considered as refugees but have residency in Germany for up to 5 years with a Duldung status. 

Files from infomigrants.net and visa-guru.com.