Jazmin Li
Asylum seekers are advised to present themselves to the authorities upon arrival in a new country, and the process of claiming asylum at the airport varies depending on the country. In the UK, asylum seekers are told to present themselves to authorities when they arrive, and those with legitimate claims are put into accommodation provided by the Home Office while their claims are considered. In the US, you have up to one year after entry to apply for asylum, and applying at the airport is risky as you risk being detained for an extended period of time. In Germany, the border procedure is a so-called 'airport procedure' regulated in Section 18a of the German Asylum Act and applied in international airports.
Characteristics of claiming asylum at the airport
| Characteristics | Values |
|---|---|
| Countries with airport asylum procedure | Germany, New Zealand, the UK, and the US |
| Risk of detention | High |
| Need for legal counsel | High |
| Time to apply for asylum after entry | One year in the US |
| Time taken to process asylum claims | Six months in the UK |
| Accommodation provided | Temporary accommodation, such as hotels, or private housing in the UK |
| Right to work | Not allowed to work in the UK until the asylum claim takes more than a year to be processed |
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What You'll Learn
- Asylum seekers are advised to consult an attorney before seeking asylum at the airport
- Asylum claims at the airport are more difficult to present due to restricted access to supporting documents and legal counsel
- In the US, you have up to one year after entering the country to apply for asylum
- In the UK, asylum seekers are told to present themselves to the authorities when they arrive in the country
- In Germany, the airport procedure is a so-called 'asylum procedure' conducted before the decision on entry to the territory
Asylum seekers are advised to consult an attorney before seeking asylum at the airport
Consulting an attorney prior to seeking asylum can help asylum seekers understand their options and the potential outcomes of their case. Attorneys can also help asylum seekers frame their argument and increase their chances of success. For instance, in the United Kingdom, the likelihood of a successful asylum claim depends on the case made for being in danger in one's home country and the quality of evidence provided to support this claim. An attorney can help asylum seekers gather the necessary evidence and prepare a strong argument for their claim.
Additionally, asylum seekers may have up to one year after entering a country to apply for asylum, depending on the country in question. For example, in the United States, asylum seekers have one year from their last entry to apply for asylum. This means that asylum seekers do not need to rush their application and can take the time to consult an attorney and prepare a strong case before applying.
Furthermore, presenting an asylum claim while detained can be more difficult as the ability to obtain supporting documents and work with an attorney may be hampered. By consulting an attorney before arriving at the airport, asylum seekers can increase their chances of a successful claim and avoid potential complications.
Overall, while claiming asylum at an airport is possible, it is a complex and risky process. Asylum seekers are advised to consult an attorney in advance to understand their options, gather necessary evidence, and prepare a strong argument to support their claim. This can increase their chances of a successful asylum application and help avoid potential issues and delays.
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Asylum claims at the airport are more difficult to present due to restricted access to supporting documents and legal counsel
Asylum claims at airports are inherently complex. While it is possible to claim asylum at an airport, it is generally discouraged due to the risk of detention and the difficulty of presenting a strong case without legal counsel and supporting documents.
In the United States, for example, individuals have up to one year from their entry to apply for asylum. Applying for asylum at the airport upon arrival is risky, as it may result in extended detention. It is recommended to enter with a valid visa and then apply for asylum affirmatively, rather than defensively while facing deportation or removal proceedings. This allows applicants the opportunity to consult an immigration attorney, gather supporting documents, and present a stronger case.
Similarly, in the United Kingdom, asylum seekers are advised to present themselves to the authorities when they arrive or as soon as they believe it would be unsafe to return to their country. While there is no specific mention of airport claims, the process typically involves being placed in accommodation or detention while claims are considered. The likelihood of success depends on the strength of the case and the quality of evidence provided.
Germany operates an 'airport procedure' regulated in Section 18a of the German Asylum Act, which is conducted prior to the decision on entry into the country. This procedure is often activated when an asylum seeker is unable to present proof of identity. However, recognition rates for asylum claims at airports are lower compared to regular procedures, indicating a more restrictive approach.
Overall, claiming asylum at an airport can be challenging due to the immediate need to present a compelling case and the potential for detention. While it may be necessary in urgent situations, consulting legal counsel and gathering supporting documents beforehand can improve the likelihood of a successful claim.
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In the US, you have up to one year after entering the country to apply for asylum
In the US, asylum seekers must be in the country or at a port of entry, such as an airport, to request asylum. If you are at an airport in the US, you can request asylum by telling the officer at the inspection point that you fear returning to your country. It is important to answer truthfully any questions about your travel documents and your reasons for coming to the US.
If you are seeking asylum, you may have the right to apply for asylum at the airport. By applying, you are claiming that you are a refugee—someone who is afraid of persecution or has been persecuted in their home country due to race, religion, nationality, membership in a particular social group, or political opinion.
After you express your fear of returning, the officer cannot deport you. Instead, you will either be kept at the airport or taken to a detention centre. The next step is to undergo a credible fear interview, which will be used to determine whether you have a significant chance of winning your case and should be allowed to stay in the country. The interview is conducted by a trained asylum officer and is intended to ascertain whether your request is based on an actual fear of persecution.
While you await the outcome of your asylum application, you may live in the US. However, asylum applicants are not authorized to work unless they meet certain requirements. It is recommended that you seek help from an attorney when applying for asylum in the US, and many nonprofit organizations offer low-cost or free assistance.
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In the UK, asylum seekers are told to present themselves to the authorities when they arrive in the country
After the screening, the Home Office decides whether the asylum claim can be considered in the UK. If the claim is referred to the UKVI, the asylum seeker is granted immigration bail, allowing them to live in the community under certain conditions while their claim is considered. This process does not grant any immigration status or rights. It is important to note that detention at a port is usually limited to less than 24 hours.
If the claim is accepted for consideration, the asylum seeker will have an asylum interview with a caseworker. During this process, the asylum seeker must provide their passport and, if they have one, their Biometric Residence Permit. The Home Office may refer the case to the Third Country Unit if the claimant travelled through safe third countries to reach the UK. In such cases, the claim may be certified as inadmissible, and the Home Office can remove the claimant to a safe third country.
Throughout the asylum-seeking process, individuals can email the Asylum Central Communications Hub with queries, requests, supporting documents, and updates. They are also expected to report to a caseworker regularly and inform the authorities if their situation changes. Asylum seekers are typically not allowed to work while their claim is being considered, and they have no say in where they are sent to live during this period.
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In Germany, the airport procedure is a so-called 'asylum procedure' conducted before the decision on entry to the territory
In Germany, the airport procedure is a so-called asylum procedure conducted before the decision on entry to the territory. This procedure is regulated in Section 18a of the German Asylum Act and applied in international airports. It is legally defined as an 'asylum procedure that shall be conducted prior to the decision on entry' to the country. This means that asylum applicants are not considered to have entered Germany before an entry decision is made.
The airport procedure is only implemented at airports that can accommodate asylum applicants on-site. These accommodations include Berlin-Schönefeld, Düsseldorf, Frankfurt/Main, Hamburg, and Munich airports. The procedure is subject to the "principle of immediacy," which means that the Federal Office must interview applicants without delay and decide on the asylum application within two days. If the application is approved, the Federal Police grant permission to enter the country. If the application is rejected as "manifestly unfounded," the Federal Police can refuse entry.
Between January and October 2024, 365 airport procedures were conducted in Germany, with the majority taking place at Frankfurt Airport (257 cases), followed by Berlin Airport (55 cases), and Munich Airport (53 cases). This procedure is crucial for ensuring that asylum claims are given due consideration before any entry decisions are made, providing a balance between border control and humanitarian concerns.
While the airport procedure in Germany offers a pathway for asylum seekers to present their claims, it is important to note that each country's asylum process may vary. For example, in the United States, seeking asylum at the airport is considered risky, as it may result in extended detention and removal proceedings. In contrast, New Zealand allows individuals to claim asylum at airports or seaports by approaching immigration officials or police, and they are not deported while their claim is being processed.
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