Refugees in Germany: asylum, temporary protection, and the BAMF procedure

In Germany, the word “refugee” is often used broadly in everyday speech, but in law it does not mean every person who was forced to leave their country. BAMF examines the asylum application and checks whether the applicant qualifies for one of the forms of protection: the right to asylum, refugee protection under the Geneva Convention, subsidiary protection, or a national ban on deportation.

Ukrainians who arrived because of the war usually do not receive classic asylum, but temporary protection under § 24 Aufenthaltsgesetz. This is a separate regime: it allows people to obtain lawful residence, access to work, school, medical care, and social support more quickly without an individual asylum procedure.

In short: what protection options exist

Option	When it applies	Who decides
Asylberechtigung	political persecution and compliance with the conditions of Article 16a of the Grundgesetz	BAMF
Flüchtlingsschutz	persecution based on race, religion, nationality, political beliefs, or membership in a social group	BAMF
Subsidiärer Schutz	there are no grounds for the first two options, but serious harm threatens the person in the country of origin	BAMF
Abschiebungsverbot	deportation is impossible because of a specific risk to the person	BAMF or Ausländerbehörde depending on the situation
Duldung	the person is required to leave, but deportation cannot temporarily be carried out	Ausländerbehörde
§ 24 AufenthG	temporary protection for people covered by the EU decision on Ukraine	Ausländerbehörde

It is important not to confuse Duldung with a residence permit. Duldung means a temporary suspension of deportation, not recognition of a right to long-term residence.

Who can obtain refugee status

The main legal basis for the asylum procedure is the Asylgesetz. Under § 3 AsylG, refugee status is linked to a well-founded fear of persecution because of race, religion, nationality, political beliefs, or membership in a particular social group. The persecution must be individually significant: general problems in the country of origin alone are usually not enough.

BAMF evaluates not only the applicant’s story, but also documents, entry routes, Eurodac data, the situation in the country of origin, and the possible responsibility of another EU country under the Dublin Regulation. That is why two similar stories may end with different decisions if the evidence, route, or personal circumstances differ.

Dublin procedure

The Dublin rules determine which EU country is responsible for examining the application. In simplified terms, the logic is this: if a person has already applied for asylum, given fingerprints, or entered through another EU country, Germany may check whether that country should take the person back.

In practice, this is not an automatic “send them to the first country.” BAMF must establish another country’s responsibility and follow the transfer procedure. If deadlines are missed, there are humanitarian reasons, or transfer is impossible, Germany may examine the application itself.

§24 for Ukrainians: this is not classic asylum

For people who fled Ukraine after the Russian attack, the EU activated the temporary protection mechanism. In Germany, it is implemented through § 24 Aufenthaltsgesetz. This status is usually arranged through the Ausländerbehörde rather than through an individual BAMF asylum procedure.

Temporary protection gives the right to stay in Germany, work, study, arrange medical care, receive social support if the conditions are met, and send children to school. According to official information from the federal government, temporary protection for people from Ukraine has been extended until March 4, 2027.

People who plan to stay in Germany long term should check in advance how to switch to another residence basis: work, study, Ausbildung, family reasons, or other options. A useful related topic is staying in Germany after § 24.

How to declare an intention to seek asylum

The first statement of an intention to seek asylum can be made to a German state authority, for example the police, the Ausländerbehörde, a reception facility, or directly to the body that will route the person into the reception system. After initial registration, the applicant is assigned to a federal state and place of accommodation.

The formal asylum application is filed with BAMF. There, personal data, documents, fingerprints, and the route of entry are recorded. Until a decision is made, the person usually receives an Aufenthaltsgestattung, a document confirming lawful stay during the procedure.

Accommodation and the first months

At the beginning of the procedure, applicants are usually housed in a reception facility. Registration, medical checks, allocation, and preparation for further examination take place there. Conditions, length of stay, and the possibility of moving depend on the federal state, family situation, country of origin, and stage of the procedure.

Support during the procedure is regulated by separate rules. The specific amounts and payment process change, so they need to be checked at the place of residence or in current BAMF materials, social service information, and local administration guidance.

Interview at BAMF

The Anhörung is the key stage of the procedure. During the interview, the applicant explains why they cannot return to their country of origin and why they need protection right now. A BAMF officer, the applicant, and an interpreter usually take part; a lawyer or trusted person may also be possible if the authority’s rules allow it.

Before the interview, it is important to prepare a chronology of events: dates, places, names, documents, threats, police reports, medical certificates, and other supporting evidence. Contradictions in the account, overly general wording, and a missing link between the persecution and the departure can weaken the case.

After the interview, the record should be read carefully before signing. If the translation is inaccurate or an important detail is missing, it is better to correct it immediately.

What decisions BAMF can make

BAMF examines the forms of protection in a set order. Possible positive decisions are:

1. Asylberechtigung under Article 16a of the Grundgesetz. This is a narrow category for people persecuted for political reasons if additional conditions are met.
2. Flüchtlingsschutz under the Geneva Convention and § 3 AsylG. This is recognition of refugee status because of individual persecution.
3. Subsidiärer Schutz under § 4 AsylG. It applies if the person faces the death penalty, torture, inhuman treatment, or a serious individual threat because of armed conflict.
4. Abschiebungsverbot under § 60 AufenthG. It is used when deportation to a particular country would violate important legal prohibitions, for example because of danger to life or health.

If none of the forms of protection applies, the applicant receives a rejection and an order to leave the country. Sometimes, after a rejection, the Ausländerbehörde issues a Duldung if deportation is temporarily impossible.

Why an application may be rejected

The risk of rejection is most often increased by the following factors:

• Germany considers another EU country responsible for the procedure;
• the applicant could not show individual persecution or a serious personal danger;
• the story contains significant contradictions;
• the danger existed in the past, but there is no current threat;
• there is a possibility to live safely in another part of the country of origin;
• the applicant committed a serious non-political crime or falls under the exclusions from protection;
• the applicant conceals the route, documents, or previous asylum applications.

Civil war, poverty, an epidemic, an economic crisis, or a general fear of instability do not always by themselves lead to refugee status. But they can matter in combination with personal circumstances and a specific danger.

What to do after a rejection

A BAMF rejection can be challenged in the administrative court. The deadlines depend on the type of rejection and the wording of the decision, so they cannot be judged from memory or by advice from acquaintances. After receiving the Bescheid, the document should be shown immediately to a lawyer or a migration law advice center.

If a deadline is missed, it is difficult to restore it. If the appeal is filed in time, the further consequences depend on the type of decision: in some cases it suspends the obligation to leave, and in others you have to ask the court separately for urgent protection.

Voluntary return

Voluntary return is a separate option for people who want or are forced to leave Germany. Return counseling should not automatically mean abandoning the asylum procedure: a person can receive information, assess the risks, and make the decision independently.

The portal returningfromgermany.de is used to find counseling centers. REAG/GARP and StarthilfePlus programs may cover part of the costs of departure and reintegration, but the conditions, countries, and amounts change. Before making a decision, the current rules should be checked for the specific nationality, family situation, and country of return.

Germany provides assistance to some people who voluntarily return to their country of origin.

Practical checklist

• Record your route of entry and keep all documents.
• Do not destroy passports, tickets, correspondence, certificates, or evidence of threats.
• Prepare a chronology of events before the BAMF interview.
• Check whether there is a risk of Dublin procedure because of entry through another EU country.
• After any letter from BAMF, immediately check the response deadlines.
• If you receive a rejection, contact a lawyer or specialized counseling service instead of waiting for the deadline to expire.
• If you are from Ukraine and have § 24, do not apply for asylum “just in case” without advice: the regimes are different and may have different consequences.

FAQ

Can I choose the federal state or city?

Usually no. Initial allocation happens according to administrative rules. Family ties, medical reasons, and other circumstances may be taken into account, but they do not give a free choice of place.

Can I work during the asylum procedure?

That depends on the stage of the procedure, the document, the place of residence, and individual restrictions. Before starting work, you need to check the permission in your documents and, if necessary, clarify the issue with the Ausländerbehörde.

Are Ukrainians with § 24 considered refugees?

In everyday language they are often called refugees, but legally § 24 is temporary protection, not recognition of refugee status after an individual BAMF procedure.

Do I need to apply for asylum if I already have § 24?

Not always. For many people from Ukraine, § 24 is simpler and faster than asylum proceedings. If there are individual grounds for asylum or questions about future status, it is better to discuss this with an advice center before applying.