Funding process for asylum procedure advice , Date: 2023.09.14, format: Article, area: Asylum and refugee protection

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Asylum seekers face special challenges. Pursuant to section 12a AsylG (German Asylum Procedure Act), asylum procedure advice is intended to ensure that asylum seekers receive advice and support already before their hearing and, if required, until the incontestable conclusion of their asylum procedure in the form of confidential individual consultations on their individual asylum procedure. Asylum procedure advice is implemented by non-statutory welfare organisations and other civil society role players. It is provided independently of the authorities, open-ended, free of charge, individually and voluntarily. The funds required for the implementation are provided by the Federal government in the form of grants as part of a funding programme. BAMF (Federal Office for Migration and Refugees) is responsible for the execution of the funding programme.

Funding process for asylum procedure advice

Since the entry into effect of the German Act on Accelerating Asylum Court Proceedings and the Asylum Procedure (Gesetz zur Beschleunigung der Asylgerichtsverfahren und Asylverfahren) on 1 January 2023, the Federal Office for Migration and Refugees (BAMF) has been responsible for the implementation of the funding process for asylum procedure advice. Those interested in receiving funding can find information on the required criteria, such as requirements for the staff providing advice and current tenders. Calls for funding processes are published on BAMF’s website on a regular basis.

The legal basis

The "Second Act to Improve the Enforcement of the Obligation to Leave the Country" (Zweites Gesetz zur besseren Durchsetzung der Ausreisepflicht - the so-called Orderly Return Act [Geordnete-Rückkehr-Gesetz]) inserted Section 12a "Asylum Procedure Counselling" into the Asylum Act (Asylgesetz). This created the legal basis for voluntary, independent state asylum procedure counselling by the Federal Office.