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Germany: Information on the type of refugee status granted to Albanian refugees who were admitted to Germany under UN escort after seeking protection at the German Embassy in Tirana in July 1990, whether they were convention refugees or UNHCR refugees, their current status in Germany, their rights, the type of residence status they received, whether they were protected against refoulement, and whether a list of names is available

Publisher Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 March 1998
Citation / Document Symbol DEU28884.E
Cite as Immigration and Refugee Board of Canada, Germany: Information on the type of refugee status granted to Albanian refugees who were admitted to Germany under UN escort after seeking protection at the German Embassy in Tirana in July 1990, whether they were convention refugees or UNHCR refugees, their current status in Germany, their rights, the type of residence status they received, whether they were protected against refoulement, and whether a list of names is available, 1 March 1998, DEU28884.E, available at: http://www.refworld.org/docid/3ae6ac1c6c.html [accessed 17 April 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

The following information was sent by e-mail on 27 February 1998 by an analyst from the Nuremberg-based Federal Office for the Recognition of Foreign Refugees.

On the type of refugee status granted to Albanian refugees who were admitted to Germany under UN escort after seeking protection at the German Embassy in Tirana in July 1990, the analyst stated the following:

The federal states of Germany hold different attitudes concerning Albanian refugees who were seeking protection at the FRG-embassy in Tirana. Some of them considered them to be (A) asylum-seekers, others granted them the status of (B) contingent-refugees. In any case their status is defined according to the Geneva Convention.

On their current status in Germany, their rights, the type of residence status they received and whether they were protected against refoulement, the analyst stated the following:

(A) Right of Asylum in FRG protects a politically persecuted person from any measures taken by the state which would subject him/her to the clutches of the persecuting country, especially turning back at the border, refoulement, extradition to the persecuting country or any other country which would transfer him/her to the persecuting country. He/she is entitled to an unlimited residence permit as well as an special unlimited work permit, an "international passport of refugees" is issued, social benefits will be granted.

Right of Asylum in FRG does obtain protection against refoulement, but recognition of asylum does not grant an unchangeable status ( it may cease, be withdrawn or taken back. When the situation of persecution in Albania changed, obstacles to refoulement did no longer apply and the recognition was withdrawn in several cases. The unlimited residence permit ceases with expulsion.

 (B) Contingent-refugees are provided with an unlimited residence permit (issued before entry) and receive an "international passport of refugees" as well. They may not apply for asylum. If a person affected voluntarily applies for protection in another country, this status ceases. A withdrawal of the status of contingent-refugees was not intended until legal requirements recently changed. The German Federal Office for Recognition of Foreign Refugees has now been made responsible to deal with cases of withdrawal concerning Albanians, who were granted the status of contingent-refugees. We have no knowledge about the results so far.

The analyst also stated that data protection considerations prevent the Federal Office for the Recognition of Foreign Refugees to make available a list of names.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Federal Office for the Recognition of Foreign Refugees, Nuremberg, Germany. 27 February 1998. Letter sent by an analyst as an attachment to an e-mail.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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