The government is pushing ahead with its change of course in migration policy. After the right of residence, a second draft law is to be launched. Asylum procedures are to be accelerated, and applicants are entitled to advice that is independent of the authorities.
After the right of residence, the traffic light government has initiated a second legislative project in order to press ahead with its announced change of course in migration policy. The federal cabinet decided on a draft law to speed up asylum procedures. This provides for the so-called regular review by the Federal Office for Migration and Refugees (BAMF) to be abolished.
So far, this check has automatically checked after a certain period of time whether there are reasons for revoking or withdrawing the recognition of the right to asylum and the granting of refugee status. In the future, the review should only be carried out "on a case-by-case basis" - also in order to relieve the BAMF. In addition, asylum seekers should be able to take advantage of advice that is independent of the authorities. Civil society actors are to be entrusted with asylum procedure advice, who will receive money for this from the federal government. For the year 2023, 20 million euros have been budgeted for this. From 2024, it is calculated at 80 million euros per year.
"In order to prepare the foreigner as best as possible for the hearing, the asylum procedure advice that is independent of the authorities should, if possible, start before the hearing," the Federal Ministry of the Interior suggests. In the future, the hearing in the asylum procedure could “exceedably take place by way of video and audio transmission”. The asylum complaint procedures at the administrative courts, which according to the federal government currently last an average of 26.6 months, are also to be shortened. A standardization of the jurisprudence on asylum should help here.
The factions of the SPD, Greens and FDP soon want to present a draft law based on the proposal. This procedure was also chosen because the FDP is striving for the Bundestag to pass the draft and the right of residence, which was discussed in the first reading in October, as parallel as possible. The federal government's draft law on the right of residence is intended to give well-integrated foreigners who have been living in Germany for several years without a secure status the prospect of staying.
According to the plans, anyone who lives in the country for five years on January 1 and has not committed a crime will have one year to meet the requirements for long-term residence - this includes knowledge of German and securing their own livelihood.
