Germany: Procedure at German airports in cases where asylum claimants are found to have false passports; whether such persons might be deported by train and if so, whether they would be accompanied
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 June 1999|
|Citation / Document Symbol||DEU32085.E|
|Cite as||Immigration and Refugee Board of Canada, Germany: Procedure at German airports in cases where asylum claimants are found to have false passports; whether such persons might be deported by train and if so, whether they would be accompanied, 1 June 1999, DEU32085.E, available at: http://www.refworld.org/docid/3ae6ad0568.html [accessed 23 May 2013]|
According to section 30(3) of the Asylum Procedure Act of 26 June 1992, an asylum application will be considered "manifestly unfounded" if, among other reasons:
1. the statements produced by the alien, in major aspects, are either not substantiated or contradictory or where they obviously do not coincide with the facts or are based on forged or falsified evidence;
2. the alien misleads in the asylum procedure as to his identity or nationality or where he refuses to state his identity or nationality;
According to section 36(1) of the Asylum Procedure Act,
In cases where the asylum application is irrelevant or manifestly unfounded, the alien shall be set a time-limit of one week in order to leave the country.
In a telephone interview with the Research Directorate, the Third Secretary at the Embassy of the Federal Republic of Germany in Ottawa stated that in cases involving asylum claimants with false passports arriving by air, the standard deportation procedure would be for them to be deported immediately by the same carrier and often the same aeroplane (9 June 1999). In cases involving asylum claimants with false passports arriving by land, it would depend on where the claimant had arrived from, assuming that that could be ascertained, leading to deportation to either the country of origin or to the safe third country (if applicable) (ibid.). The Research Directorate was unable to obtain information as to whether such persons might be deported by train and if so, whether they would be accompanied, within the time constraints for this Response.
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. Please find below the list of additional sources consulted in researching this Response.
Embassy of the Federal Republic of Germany, Ottawa. 9 June 1999. Telephone interview with Third Secretary.
Germany. 26 June 1992. Asylum Procedure Act. (REFWORLD)
Additional Sources Consulted
Immigration and Nationality: Law and Practice [London]. 1991-1999.
Inter-Governmental Consultations on Asylum Refugee and Migration Policies in Europe, North America and Australia. September 1997. Report on Asylum Procedures. Geneva: IGC.
Electronic sources: IRB Databases, Internet, REFWORLD, CISNET, RFE/RL, IOM Legislation Database, WNC.
An oral source did not provide information within the time constraints for this Response.