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Documenting and Establishing Identity in the Migration Process – Challenges and Practices in the German Context ,
Source: BAMF
Within the asylum procedure, during the issuance of visas and residence permits, but also in the case of deportations documenting and establishing identity plays a central role. The new EMN study describes the methods used by authorities in practice, the legal bases to do so, the use of the data won by these methods, but also which societal and political debates and positions exist on the topic.
The study is an update and extension of the EMN study on "Establishing Identity for International Protection and Return Measures: Challenges and Practices" from 2012.
Central results:
The documentation and establishment of identity is of different significance in different migration processes:
- Within the asylum procedure the identity of asylum applicants is documented at registration. At a later stage, during the individual interview the identity is checked in order to verify the personal history of persecution.
- Regarding deportation, the establishment of identity is crucial for the issuance of passport substitutes, without which deportations cannot be carried out.
- Within the visa procedure identity is documented and verified in order to clarify beyond doubt, whether the applicant is in fact the person that will enter Germany/the Schengen-area with the respective travel documents.
In the process of issuing a residence permit, on the other hand, the verification of identity generally takes place during the filing of the application by presenting the passport.
Challenges of identity documentation and identity establishment
While the increased immigration of asylum seekers from 2015 onwards posed great challenges to the authorities and other actors involved in regards to registration and interviews, the central problem for carrying out deportations is the lack of travel documents. The challenges posed with regards to the issuance of visas differ according to the country of origin and the quality of the administrative procedures regarding documents there. With regards to the issuance of residence permits (for example for family purposes or for the purpose of education or remunerated activity), the establishment of identity during the application procedure is mostly unproblematic.
Legal bases and actors
Both the Asylum Act and the Residence Act contain provisions for documenting and establishing identity, as well as for data transmission, storage and exchange. These are supplemented by legal provisions from other laws (e.g. the Act on the Central Register of Foreigners). In each of the migration processes different actors are in charge of documenting, establishing or verifying the identity of the person concerned. Central actors are the Federal Office for Migration and Refugees, the reception centres of the Länder, the foreigners offices, the German missions abroad, the border and police authorities as well as further security authorities.
Methods, documents and databases
Generally, a distinction has to be made between those methods used for the documentation of identity and those used for the establishment of identity. Methods in use are i.a. taking fingerprints and photographs, conducting personal interviews or analysing data carriers. Which documents are used depends on the migration process in question: Whereas for example within the asylum procedure all documents that can verify the personal history of persecution of the person concerned can be brought to the fore, when applying for a residence permit, only the passport is significant.
When documenting identity, biographical data (name, place of birth, etc.) and biometric data (fingerprints, photos, etc.) of persons concerned are stored in different national and European databases (i.a. AFIS-A/INPOL, VIS, AZR). For the establishment and verification of identity the competent authorities use these but also other databases, mostly by means of automatic queries.
Debate
Identity documentation and establishment of third-country nationals is debated intensively in the political arena but also within society at large. Thereby, both legal changes (e.g. the ‘Act to Improve the Enforcement of the Obligation to Leave the Country’) and concrete measures (e.g. documentation of children’s identity) are time and again within the spotlight of parliamentary and media debates in which partly stark differing opinions can be found.
Working Paper 76 was authored as part of the European Migration Network (EMN).
The study was drawn up by: Julian Tangermann