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Federal Ministry of the Interior abolishes behavioural prognoses for LGBTI refugees within the asylum procedure
After the Lesbian and Gay Federation in Germany (LSVD) and its partner organizations criticized the practice of the “discretion requirement” for years, the Federal Ministry of the Interior and Homeland (BMI) has now revised the asylum instructions and abolished the so-called discretion prognoses for queer refugees. From October 2022 onwards, the Federal Office for Migration and Refugees (BAMF) will no longer assess how dangerous it would be for queer asylum seekers if they were to return to their country of origin based on their predicted behaviour, but will always assess the risks for LGBTI persons who do not hide their sexual orientation or gender identity.
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Important information for people fleeing Ukraine who are not Ukrainians:
The following notes apply to LGBTI people who were still living in Ukraine (e.g. for study or work) on February 24, 2022, but do not have Ukrainian citizenship:
There are first reports that some foreigners authorities (Ausländerbehörde) in Germany urge non-Ukrainian people, who had lived in Ukraine before fleeing to Germany, to use the IOM return programme to leave Germany or to file a conventional application for asylum.
However, this group of people should not allow themselves to be urged into a conventional asylum procedure if they fear persecution and discrimination if they were to return to their country of origin. They should rather insist that the immigration authorities issue them a preliminary certificate (Fiktionsbescheinigung) stating that they have applied for a residence permit in accordance with Section 24 of the Residence Act (Aufenthaltsgesetz).
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Germany adopts a simplified admission procedure for refugees from Ukraine
Germany has enacted a special regulation for refugees from Ukraine. This applies to Ukrainians as well as to many individuals who have a permanent residence title in Ukraine and have fled to Germany. Refugees from Ukraine should also register in Germany, but they do not submit a classic asylum application. In a simplified procedure they apply for a residence title for a certain period of time (according to section 24 Residence Act). This residence title usually also entitles them to take up a job and to attend an integration course.
