Do directives for the protection against violence have any impact on the asylum procedure? If yes, which one?
As a matter of principle, directives for the protection against violence do not directly influence the asylum procedure. The asylum procedure is primarily concerned with assessing the situation in the country of origin.
But, as explained above, violence committed by a husband can influence a woman’s asylum procedure to the effect that such violence is considered an obstacle to deportation. In that case, it will be determined whether the violence committed by the husband or the circumstance that, for example, the husband’s children were or are (temporarily) being seized, might involve persecution upon returning to the country of origin. This can, for example, be the case if, according to the jurisdiction of the country of origin, the children belong with the husband’s family after a divorce and if the woman, who has fled together with her children from the husband, is threatened by the husband’s family.
However, this issue can only be assessed on an individual case-by-case basis and cannot be generalised.
It is indispensable to consider, not only in the case of long-term separations but especially in the case of a directive for the protection against violence, that the asylum applications of marriage partners can be processed individually. In that case, it is crucial to consult a lawyer beforehand.