How do reallocation requests work? Is it possible to speed up the reallocation procedure if the applicant is in danger? Is it possible to influence the decision on where to reallocate an affected woman?
Persons who have filed an asylum application or whose deportation has been suspended will be allocated to a particular place of residence. After allocation, it is possible to file a reallocation request in order to obtain a permit to move to another place of residence (within the same state or from one state to another). In cases where applicants belong to a particularly vulnerable group (e.g. with an urgent need for specialised assistance), it is sometimes helpful to request an allocation to a specific place right from the start when the asylum application is submitted.
In doing so, the domestic community of family members or “other equally important humanitarian reasons” shall be taken into account.
The person concerned herself (and possibly with the help of supporters) can at any time urge for fast-track processing of a reallocation request – in the case of experiences of violence, the request will be well-substantiated. There is no general legal or administrative provision stating that certain requests will undergo fast-track processing. As a general principle, if authorities remain inactive for at least three months, it is possible to take action against failure to act at the administrative court. In social lawsuits, however, there must be a period of inactivity of six months prior to filing a complaint.
It follows from the wording of the legal regulation that the internal distribution of a federal state takes precedence over cross-border distribution and that this shall be taken into account, especially in cases of reallocation requests due to humanitarian reasons. That Foreigners Office, which is responsible for a particular place of arrival, takes care of processing the requests.
Whether and to which extent the request will and can be granted according to the location of choice thus depends on which humanitarian reasons exist and will be claimed for the particular location. In this context, it is important, for example, to put forward that the woman will receive the support she needs at the location of choice, that supportive relatives live there or that there is a vacancy in a women’s shelter. In general, the requirements for substantiating a reallocation request are relatively high; however, in the case of women affected by violence, they can be substantiated by taking the abovementioned aspects into account.
Expressing a general desire to live in a particular place is usually not enough.
A reallocation request filed after one’s deportation has been suspended, that is, possibly after the rejection of an asylum application, will only be granted in very exceptional cases. From an administrative perspective, the person concerned is under obligation to leave the country, so their rights are confined to a minimum. However, in these cases too, the right to protection against violence shall not be undermined, so it is advisable to file a corresponding request, provided that the requirements are met.