Interdependencies of Vulnerability and Asylum Law Within the German Federal System

Abstract

AbstractThere are no concrete legal provisions for vulnerable asylum seekers, thus no binding regulations from the federal state. Instead, the concept of vulnerability is largely referred to informally in administrative regulations regarding certain groups, for instance those in receptions centres. Thus, there are no unified practices, which consequently produces inequal treatment of individuals depending on the localities they are assigned to or they arrived at. Comparing the various state practices and highlighting the experiences of asylum seekers, the chapter will question which approach is best suited to reduce the vulnerability of asylum seekers in Germany. It will utilize data collected through interviews with asylum seekers, public servants, social workers, and other relevant experts. As will be shown, the legal ambiguities—both at the federal and municipal level—have led to increasing differences in the municipalities and German states, which was also reflected in our interviewees’ experiences. These differences and the attempts of federal and state authorities to collaborate in matters of accommodation and return procedures will be discussed throughout this chapter, and what this all means for the vulnerability of asylum seekers.