Humanitarian reception procedure , Date: 2019.11.14, format: Article, area: Asylum and refugee protection

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A humanitarian reception procedure is used in war and crisis situations to enable a large number of refugees of a particular nationality or group to be received quickly. This makes it a tool for protecting particularly vulnerable people from war and its consequences. It also serves to safeguard their rights. Germany and other countries have been taking part in such programmes for a number of years, sharing international responsibility for offering protection to refugees worldwide.

A new humanitarian reception programme for vulnerable individuals of Syrian nationality or stateless persons currently in Turkey was launched on 21 December 2018. The reception order issued by the Federal Ministry of the Interior, Building and Community (BMI) will expire as per 31 December 2019. Reception will take place as part of the 10,200 places provided by Germany within the EU’s resettlement programme for a total of 50,000 particularly vulnerable persons.

Selection criteria

There is no application procedure for admission to the humanitarian reception procedure. Instead, the Turkish Directorate General of Migration Management (DGMM) draws up lists of proposals for the ongoing procedure for the admission of Syrian refugees who are in Turkey, and forwards them to the United Nations High Commissioner for Refugees (UNHCR). Following a review procedure, the UNHCR proposes refugees to the Federal Office for selection. Only when the Federal Office has received a corresponding selection proposal can it be examined whether admission to Germany can take place with the help of this programme.

The selection criteria are as a rule:

  • preserving the integrity of the family unit,
  • family or other ties to Germany which promote integration,
  • the ability to become integrated (such as the level of schooling/vocational training received, work experience, knowledge of the language),
  • the degree of vulnerability of specific groups of individuals such as women, children, the elderly and the sick, as well as
  • where appropriate other criteria to be agreed with Turkey at EU level in the framework of common procedural guidelines.

Humanitarian reception of Syrian refugees from 2013 to 2018

Expecting that all of Europe would assist in dealing with the humanitarian crisis in Syria and its neighbouring states, the Federal Minister of the Interior decided on 20 March 2013, in agreement with the Ministers and Senators of the Interior of the Länder, to receive up to 5,000 particularly vulnerable Syrians in 2013 for the duration of the conflict. The relevant reception order was handed down on 30 May 2013 in agreement with the Federal Länder. As a follow-up to the Conference of Ministers of the Interior, the Federal Minister of the Interior increased the existing contingent from 4-6 December 2013 by another 5,000 people. The relevant reception order was handed down on 23 December 2013. The contingent was once more increased by order of 18 July 2014, this time by 10,000 persons in need of protection, to a total of 20,000 persons in need of protection. The procedure has now been completed.

In the declaration of 16 March 2016, the EU and Turkey set themselves the goal of ending irregular migration from Turkey to the EU in order to destroy the people traffickers’ business model and offer those seeking protection an alternative so that they do not risk their lives through irregular migration. To this end, amongst other things the resettlement and humanitarian reception of Syrians from Turkey within the EU have been agreed. In this context, Germany has pledged to accept up to 500 vulnerable persons from Turkey every month.

In September 2016, the EU gave Member States the opportunity to also fulfil some of their obligations through resettlement from Turkey, and not only through relocation within the EU. The "reallocation" of this part of the quota from the relocation procedure allowed Germany to use up to 13,694 places. However, this also includes reception from other measures (e.g. the arrangements regarding the family reunification procedure).

Three further orders for humanitarian reception from Turkey have been issued since 2016.

The legal basis

The legal basis for the humanitarian reception procedure is formed by section 23 subsection (2) of the Residence Act of the Federal Republic of Germany (AufenthG). The Federal Office is responsible for the implementation of the reception and distribution procedure in accordance with section 75 No. 8 of the Residence Act.

Residence titles
.The persons selected are initially given a time-limited residence permit. They do not have to apply for asylum. If they apply for asylum, the residence permit issued in accordance with section 23 subsection (2) of the Residence Act automatically expires in accordance with section 51 subsection (1) No. 8 of the Residence Act. Permission to reside (Aufenthaltsgestattung) is issued for the duration of the asylum procedure

The residence permit can be extended in line with section 8 of the Residence Act; the granting of an unlimited residence title is governed by section 9a or section 26 subsection (4) of the Residence Act; the obligations of the person concerned under section 48 of the Residence Act remain unaffected..

Place of residence
After their arrival, refugees are distributed among the Federal Länder according to an established key. Section 24 subsections (3) and (4) of the Residence Act applies accordingly to distribution (section 24 subsection (3) of the Residence Act). They are also subject to a “domicile requirement” (Wohnsitzauflage). Such individuals are to take up their habitual residence at the place that has been assigned to them (section 23 subsection (4), second sentence, of the Residence Act in conjunction with section 24 subsection (5), second sentence, of the Residence Act). Relocation to another district or to another Federal Land is subject to conditions (e.g. looking for a job or studying).

Taking up work
Gainful employment is permitted once a work permit has been issued (section 23 subsection (4), second sentence, of the Residence Act in conjunction with section 23 subsection (2), fifth sentence, of the Residence Act).

Family reunification
The provisions contained in sections 27 et seqq. of the Residence Act apply with regard to family reunification. Priority is given to family reunification for the nuclear family, i.e. spouses and minor children. This legal possibility does not exist for other family members, or only in very limited exceptional cases.