Identitätsfeststellung bei Passlosigkeit im Asylverfahren

authored by: Katrin E. von Horn
supervised by: Hermann Butzer
Abstract: The lack of passports among asylum seekers has posed major challenges for policymakers in recent years. In the first half of 2023, around 52 per cent of asylum seekers aged 18 and over who received a negative decision did not have an identity document. As soon as asylum applicants fail to present a passport/identity document, the state must endeavour to implement alternative identity verification measures. Proven identity verification measures include the presentation of other documents and the asylum interview, which both depend primarily on the cooperation of the asylum applicant. In addition, in 2017 the German legislator introduced an independent possibility of identity verification in the form of data carrier analysis in accordance with Section 15a of the Asylum Act (Asylgesetz). Since then, the Federal Office for Migration and Refugees has also regularly used data carrier analysis at the beginning of the asylum procedure. Data carrier analysis represents a particularly serious encroachment on the right of asylum seekers to guarantee the confidentiality and integrity of their information technology systems. However, in addition to various control mechanisms and the principle of last resort (ultima ratio), this is countered by the important objectives of preventing abuse and facilitating deportations. In particular, the strengthening of a fair and accurate asylum procedure and migration management are high-ranking public welfare objectives. As a result, the evaluation of these data carries analysis fulfils the principle of proportionality. Nevertheless, the administrative practice of the Federal Office for Migration and Refugees has been declared unlawful by the Federal Administrative Court. As a result, it is significant to make recommendations to legislators and practitioners on the application of the measures.
Organisation(s): Faculty of Law
Type: Doctoral thesis
No. of pages: 215
Publication date: 28.05.2024
Publication status: Published
Sustainable Development Goals: SDG 16 - Peace, Justice and Strong Institutions
Electronic version(s): https://doi.org/10.15488/17405 (Access: Open)