Germany: Information on whether a person with refugee status in Germany would lose the right to return to Germany by making a claim in Canada
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 February 1994|
|Citation / Document Symbol||DEU16481.E|
|Cite as||Immigration and Refugee Board of Canada, Germany: Information on whether a person with refugee status in Germany would lose the right to return to Germany by making a claim in Canada, 1 February 1994, DEU16481.E, available at: http://www.refworld.org/docid/3ae6ad0c2c.html [accessed 7 March 2014]|
|Disclaimer||This 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.|
According to a legal advisor at the UNHCR in Bonn, persons recognized as refugees in Germany would not automatically lose their refugee status in Germany after making a claim in Canada (16 Feb. 1994). The source indicated that as long as the travel documents issued by Germany have not expired, Germany cannot return these individuals if asked by Canada (ibid.). However, if the travel documents have expired, Germany may allow the refugees to return if they have not become the responsibility of Canada (ibid.).
A representative of the Canadian Embassy in Bonn corroborated the information on the right of a recognized refugee to return to Germany if his travel documents are still valid (16 Feb. 1994a). The representative further indicated that in cases where the travel documents have expired, the individual wishing to return to Germany would have to approach the German authorities for an extention (16 Feb. 1994b). She further states that
if a person is outside Germany and either the residency visa or the travel document expires during that time, then the person no longer has the right to return to Germany as it is assumed that they have taken up residency elsewhere and effectively loses their refugee status in Germany (ibid.).
For further information on the travel documents and the rights and obligations of convention refugees in Germany, please consult Response to Information Request DEU16453.E of 3 February 1994, which is available at your Regional Documentation Centre.
This response was prepared after researching publicly accessible information currently available to the DIRB 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.
Canadian Embassy, Immigration and Social Affairs Division, Bonn. 16 February 1994a. Telephone interview with representative.
. 16 February 1994b. (Fax sent by representative)
United Nations High Commission for Refugees (UNHCR), Bonn. 16 February 1994. Telephone interview with a legal officer.
Canadian Embassy, Immigration and Social Affairs Division, Bonn. 16 February 1994. (Fax sent by representive)