What is the relationship between Foreigners Office and the Federal Office for Migration and Refugees, and what are their particular responsibilities?
Federal Office for Migration and Refugees (BAMF)
The Federal Office for Migration and Refugees is subordinated to the Federal Ministry of the Interior. It is responsible for overseeing the asy-lum procedure, that is, for reviewing the asylum application in terms of both form and content. It has at least one branch office in every federal state. The asylum application has to be filed in person. The personal interview during the asy-lum procedure also takes place at the Federal Office or one of its branch offices.
The Federal Office registers and stores the per-sonal data and fingerprints of asylum seekers. The data will be fed into the European database EURODAC, and at first it will be checked if, according to the Dublin III Regulation, another European country is responsible for the asylum procedure. If not, then Germany and thus the Federal Office of Migration and Refugees is responsible.
Moreover, in each federal state, there are several reception centres, which are often connected to the branch offices of the Federal Refugee Office.
Foreigners Offices are state or municipal authorities. They are responsible for imple-menting the residential regulations (as laid down in the Residence Act). This includes the execution of decisions made during the asylum procedure, that is, as regards the permission to relocate, the provision of work permits, the residential regulations following the approval of asylum applications, but also the implemen-tation of expulsions and deportations. Once an asylum application has been approved, the Foreigners Offices are bound to the decisions made by the Federal Office. That is, they issue residence and permanent settlement permits for recognised refugees, asylum seekers and persons eligible for subsidiary protection. In the case of all other migrants (foreign students, graduates, employees, relatives and so on), the Foreigners Offices are responsible for making decisions.
The Foreigners Offices also grant residence permits during the asylum procedure, just as they issue temporary suspensions of depor-tations during the Dublin procedure or after a final rejection of the asylum procedure.