Folie 1: “The interviews”
Welcome for today’s presentation on how to prepare for the interviews.
The interviews are the most important part on your way to achieve a positive result on your application for asylum in Germany.
Folie 2: “Who we are”
At first, we want to introduce ourselves.
Amnesty: We are a non-governmental organisation, which fights for human rights and the rights of refugees.
RLC: We are from Refugee Law Clinic Regensburg. We are law students who give voluntary, free legal advice on all questions about the law of asylum and your rights.
Folie 3: “Programme for today”
Our programme for today will be to explain the interviews you face so that you feel prepared. We will inform you about your rights and duties and afterwards you also have time for asking questions.
Folie 4: “Structure”
The structure of this presentation will be like this:
First, we will explain the Dublin-Interview, this is the first interview in this process and it’s usually much shorter than the so called Personal or Big Interview which we will explain in the next step. Then you will get very important information on what to say and tell in the interviews. After this we will show you the possible decisions that you can receive.
In the end, you will get our contact information so that you can reach us for following questions or help.
Folie 5: “What is BAMF?”
First, what is BAMF? It’s the foreign office for the recognition of foreign refugees. Therefore, it’s the official public authority that is responsible for your application for asylum and it will decide on your status.
The BAMF is the authority you have to convince about your right for asylum.
Folie 6: Karte BAMF
This map shows you where the BAMF office is located. It’s just a 14 minute walk from your housing here. The address is Bajuwarenstraße 4 here in Regensburg.
Folie 7: “Other important public authorities”
The BAMF is responsible for the decision on your asylum application, so you could call it the „brain” of the asylum procedure. The duty of the ZAB (central office for foreigners) is to execute the decision made by the BAMF. It will take fingerprints, make passports and take fotographs. In case of a negative result, the ZAB will be responsible for the deportation as well. The Sozialamt (social welfare office) will provide you with money as long as you don’t have a result or if you have a negative. If you are allowed to stay in Germany, the Jobcenter will be the next destination for you. There, you will get money and they will help you search for a Job.
Folie 8: “Dublin-Interview”
Now we come to the information on the first Interview, the Dublin-Interview. In this interview, the BAMF will check if Germany is responsible for your asylum procedure or if you have to go back to another EU state to run through this procedure.
Folie 9: “General Questions”
Usually the Interview starts with general questions on your person. You have to tell your name, your date and place of birth, your former education or profession, your religion, the languages you speak and if you worked for or were involved in military services. These questions are just a formality.
Folie 10: Fortsetzung “General Questions”
After this you must answer questions about your family. Where is your family? Are family members in Germany? If so, where are they located?
They want to know the names of these family members, usually also their date of birth and their profession.
In the end, they ask about your escape from your home country. This is the most important part. Pay attention on telling your story of escape in correct order.
So, which route did you take? Which countries did you cross to arrive in Germany? When and how long did you stay in these countries? How much money did you spend? What means of transportation did you use (bus, boat, plane)?
Folie 11: “Where did you arrive first?”
To find out which country is responsible for your application they have to know your route of escape. Don’t forget any countries and tell them from the beginning of your escape until today. Usually, the first EU state you entered and got registered is responsible but there are special laws for it. For example, some states can’t work all applications, so Germany will have to be responsible. Don’t lie about the route! The German authorities will check with other countries and if you lied this can be bad for your chances in the Personal interview later.
Folie 12: Fortsetzung “Where did you arrive first?”
They will ask if you gave your fingerprints to other EU authorities. The EURODAC System is a system from the EU states to save and check your fingerprints. So Germany will find out where you have been – don’t lie!
You must answer if you applied for asylum or visa in other countries also. It doesn’t matter here if you have entered this countries – all applications count. It doesn’t matter if the application for asylum is denied or accepted.
Very important: Tell the truth, they will find out anyway.
If you were in a country that you absolutely don‘t want to go back to, explain them your reasons (inhuman treatment, no supply e.g. food, prison without a reason). For example if you have crossed Bulgaria and you were imprisoned for no reason and left without food and water for days, that’s inhuman treatment. If something like this happened to you Germany must check on it. Maybe Germany decides to be responsible for you and will not send you back to this country.
Folie 13: „Dublin-Procedure“
The BAMF will ask the responsible state to take you back. If that works out, you’ll be informed about that. After receiving the request of transfering, you have the possibility of deposing a complaint at the court within 1 week after you received the letter. If the responsible state doesn’t answer Germany within 6 months after asking to take you back, Germany will be in charge for your application for asylum.
Folie 14: “Decision”
If Germany is responsible for your application, you’ll get invited for the personal interview by letter. If Germany is not responsible for your application, you’ll be transferred to the responsible state or, if the state doesn’t answer, after 6 months Germany is responsible.
Folie 15: “Personal interview”
The personal interview is the most important part of the application for asylum. You tell your personal story and why you needed to escape your country. The aim of the BAMF is to decide, whether your reasons for escaping are also reasons to grant you asylum in Germany.
Folie 16: “The participants”
During your interview you will sit in a room with at least two other people, the administrator and the translator. First of all there is the administrator. He is the “hearer”, asks questions and writes the protocol. There is also a translator. He translates exactly what you have said.
And, perhaps not personal, there is the decider. He decides about your application on the basis of the protocol. Remember: the administrator who listens to your story is usually not the person who decides your case. The protocol the administrator writes is sent to the decider who will decide only on the facts written in the protocol.
Folie 17: “Procedure”
It is good to know the procedure of the interview. First all formalities are clarified, e.g. your personal data. After that you tell your story and at last the translator retranslates the protocol.
Folie 18: “Formalities”
At the beginning, they ask simple questions to check formalities. They verify your identity and all participants will be presented. The communication between you and the translator will be checked, if it works well. Tell them if you don’t understand or trust the translator!
Folie 19: “Rights during the interview”
You have some rights during the interview. Concerning the translator : You have the right of a translator who is present. You can refuse a BAMF translator on video! You will get a new appointment for the interview. Also you need to understand the translator without any problems. It is necessary that you trust the translator. You can also bring your own with you. Announce at least 3 days in advance. If you want, you have the right of a translator the same gender you are, also announce that at least 3 days in advance. You have the right of taking breaks if you need them, just ask and don’t let you hurry. You can also bring a person you trust with you during the interview, e.g. a family member, friend,…). If you are interested, you can also ask us to accompany you!
Folie 20: “Duties during the interview”
Beside your rights, you have duties during the interview, too. You have to tell the truth, if you lie, the truth about it will come out anyway. You need to be there personally and be on time. Don’t forget to bring your identification.
Folie 21: “ Fortführung der duties”
If you are ill on the day of the interview, it is very important to bring a medical certificate. Otherwise, your application for asylum can be denied. So always call the BAMF if you cannot come. Maybe you do not get another interview and have to leave Germany immediately.
Also inform about any medications you take because it can influence your concentration. This is important to know.
Prepare both interviews (Dublin and personal), it’s possible that they take place on the same date.
Folie 22: “Your story-narration”
Tell the story first person, e.g. don’t say “Nobody is safe in my country” but “I’m not safe in my country”. It is your only chance to tell really everything, so make them believe you e.g. by showing emotions.
Folie 23: “Reasons for asylum”
It is important to focus your story on the reasons for asylum. Reasons are political persecution or personal persecution because of your race, religion, nationality, affiliation to a certain social group (like sexuality,..) by state, parties etc. Mention, if one or more of these reasons fits to you! Explain, why you personally can not go to another part of your country and be safe there.
Folie 24: “Very important information”
Very important Information you should be aware of for your interview
Folie 25: “Tell your story without mistakes”
What the administrator checks
–> the interviewer is not the decider!! Only the story you tell the interviewer will decide about your asylum application
• Tell your story in correct order → from the beginning until today (where and when did you start?, what was next? How did you go on?…
• Tell everything → take care to not miss something and do not leave anything out
• Don`t lie and don`t invent stories → very important!! just your own story not general facts, just what happened to you, not to someone else
• Bring proofs → everything you have! Remember the decider is not the interviewer and does not know you, just sees your documents
Folie 26: “Copy&Paper”
Make copies–> two opportunities: DEZ // Papier Liebl; ask when you can`t find the way, maybe together with someone else, you have to pay for the copies on your own
Folie 27: “Papier Liebl” It’s just a 20min walk.
Folie 28: “Question Examples”
Possible Questions like…. (1,2 Beispiele von Folie zitieren)
Practice with yourself or with someone you know, maybe even write it down before, BUT don`t bring the paper to the interview, it makes you look not reliable
Special facts to your country or your reason to escape?
Tell about the special conditions in your country. How is the political and social situation about homosexuality, religion, power in governments,…
For example tell if you were a member of a political party and other parties are corrupt, kill politicians and that is why you are scared.
Or in your home country it’s illegal to be homosexual or people hate you for it and do not feel save on the streets because people threatened.
Folie 29: “Retranslation of the protocol”
Very important! You have a right for the retranslation of the protocol at the end of your interview!!
There could be some mistakes from the translator to the administrator or just between you and the translator → so take care!!
• Check for mistakes and inform immediately
• Only sign the protocol, if everything is correct and if everything you said is written
→ later information can not be considered, it is not possible to add something after the interview, which could be really important for your application!! It also seems not trustworthy if you add something after
–> take care and concentrate, you have all the time you need, don`t hurry!!
You will also get the protocol for your own after the interview or by post a few days later
Folie 30: “Tips for the interview”
Some tips for your interview: (Punkte auf der Folie vorlesen)
Folie 31: “Possible Decisions”
You would not get your decision directly after the interview! As we said before, normally your administrator is not your decider, so first the decider has to do his job and then you will get your decision by post a few weeks later
So don`t worry, on this day nothing will happen immediately
Folie 32: Denial as evidently unfounded
The denials is evidently unfounded is the result if you have a passport from another european country or a country classified as safe. The german gouvernmant has no timeframe to send you back. In most cases, you won’t be allowed to work and will receive only minimum benefits and only the necessary medical treatment after you requested it at the social welfare office. To fight this decision, you have to prove an inhumane situation for refugees in the country you have a passport from which is very difficult for european countries as there are thousands of cases already.
Folie 33: Dublin Denial
If you have entered Europe in another country, but have no passport from that country, you will get a dublin denial. Germany will have 6 months to send you back. A limited access to work is possible and you will receive normal benefits. Again, you will have to prove an inhumae situation for refugees in the country you entered when you came to europe first.
Folie 34 : Denial after the personal interview
If you stayed in Germany for 6 months, you will receive an invitation for the second interview if you don’t have a passport from another safe country. Should you get a denial there, you have a timeframe of two weeks to go to court. A lawyer isn’t necessary for the first application at the court. You can’t be sent back unitl your court case is finished which takes approximatly 1-2 years. In the courtroom you get a second chance to tell your story. It is important that you tell the same story and don’t make up a new one because that will hurt your credibility. You can get a limited work permission and receive normal benefits.
Folie 35 : Beratungshilfeschein
The Beratungshilfeschein grants you the permission to talk to a lawyer for only 15 €. You will receive it from the civil court ( Amtgericht). It will cost more money if you go to court. To get your Beratungshilfeschein you will need to bring your negative result from the BAMF and a calculation of your monthly income to the civil court (Amtsgericht) in Regensburg, Kumpfmühler Str. 4 · 93047 Regensburg. You need to get this paper before going to the lawyer, otherwise you have to pay the full price (fee).
Folie 36: ”Your way to Amtsgericht Regensburg”
Folie 37: “Deportation Ban”
The deportation ban will be the result if you have an illness that can not be treated in the other country or if there is a considerable concrete danger on life or liberty in the country they want to send you. Furthermore, it will be the result on your application if the destination country constitutes a breach of the ECHR. If your result will be a deportation ban you will receive a limited work permission and normal benefits. But the deportation ban will only last as long as the reason for this decision will last.
Folie 38: “Consequences”
Consequences when you get a denial (and after a rejected suit)
–> Deportation: you are banned to enter Germany for a certain time; usually 30 months, maximum 5 years!
–> you are not allowed to enter again at any point, even not with Visa etc. Take care!! maybe there is a chance, that you go back and come to Germany with a Visa because of e.g. marriage, family, work, or study
Maybe it is the best to leave Germany voluntary. If you need help, there is the Aliens department at the Bajuwarenstr. 1A
You can also check www.returningfromgermany.de
There are several support programs:
• Consultation: Plan return and prepare
• Takeover of travel expenses
• financial start-up assistance
• medical assistance and care
• arrival support; reintegration programs back home
A consultation does not obligate you to an exit. And your asylum procedure will not be affected because it’s a different office/authority.
Folie 39: “Recognition”
Possibility of Recognition
• You get asylum its 1 up to 3 years
• You are recognized as a refugee, also 1 up to 3 years
• You get subsidiary protection, for 1 year + 2 years later
You can contact us, if you need further help: Amnesty International or Refugee Law Clinic.
Also the infomaterial we gave to you in your language
Falls Übersetzer dabei sind, diese fragen
There is also a short video in the internet in different languages, which explains the asylum procedure briefly. You find a video on the BAMF Homepage.
Folie 41: “Do you have any questions?”
If you now have any questions we will be happy to answer them and help you.