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Asylum

In article 16a, the German Basic Law declares that politically persecuted people enjoy the right of asylum. Following the restriction of the constitutional right of asylum in 1993, people who can no longer apply for political asylum based on the German Basic Law may qualify for protection under the Geneva Refugee Convention. Refugees can apply for asylum at the Federal Office for Migration and Refugees (BAMF). During the asylum procedure, the Federal Office conducts personal interviews and determines whether a person is eligible to be granted asylum, refugee or subsidiary protection in Germany. While in this process, refugees are referred to as asylum seekers. Until a decision on their status is made, asylum seekers receive benefits to cover their basic needs according to the Asylum Seekers Benefit Act. In the case of a rejection of the application, the person might be deported to their country or region of origin or to a secure third country through which they entered Germany. If the applicant receives a positive notice on their application, they are referred to as a “recognised refugee”. Before the actual examination of the application through the Federal Office, the Dublin procedure determines whether the asylum seeker is already registered or if they have applied for asylum in another EU-state. If this is the case, the asylum seeker can be deported to this country (s. Dublin procedure).