Is it possible for female refugees, in case they suffer violence, to take up their own residence earlier or to suspend the residence allocation?
Once the asylum procedure has begun, asylum applicants are required to live in an initial reception centre – until their application has been decided on or, in case of a negative decision, until they leave the country, but not for more than 18 months and, in case of minor children and their parents or other persons entitled to custody, not for more than 6 months (section 47, Asylum Act).
However, this obligation ceases to apply immediately upon receiving a positive notice on the asylum application or when the person becomes entitled to a residence permit through marriage or civil partnership or when the person is allocated to a collective accommodation.
The question of whether a person is allocated to a shared accommodation or obtains the right to take up their own residence is settled different-ly from one state to the other.
The obligation to reside in a reception centre may, upon application, be rescinded at the discretion of authorities for reasons of public health (e.g. in case of infectious diseases), for reasons of public safety or order (e.g. escalating tensions among inhabitants or threats of outside attacks) as well as for other compelling reasons. “Other compelling reasons” are, for example, severe (psychological) illnesses and cases where the asylum applicant or one of their family members is in need of nursing and care.
One way to achieve an early release from a reception facility is to request reallocation to a shared accommodation or an apartment for reasons of protection against violence.