With the proclamation of partial mobilisation by the Russian president, the number of asylum applications in Germany has increased considerably. As a result, many Russian citizens are faced with either participating in acts of war or attempting to evade conscription by fleeing abroad. Ethical conflicts and the threat of punishment for conscientious objection can be the decisive reason for seeking asylum in another country.
German politicians from various parties have already expressed their willingness to grant asylum to certain groups of people from Russia.
The following persons are mainly to be considered eligible for asylum:
- Persons who have already started military service or have received a conscription order,
- men of compulsory military age who are threatened with military service,
- but also, opposition members and persecuted journalists.
If you belong to one of these groups, please get in touch with us via our contact form. Our lawyers specialising in German immigration law will be happy to advise you on current procedural options.
Our legal team is familiar with submitting and supporting asylum applications. Our lawyers have many years of experience dealing with the responsible immigration authorities. They take over the entire application process and clarify all open legal questions on your behalf so that there are no unnecessary delays in the approval of your application.
The Legal Situation in Germany
The legal situation in Germany and the European Union has not been comprehensively clarified. Refugee routes and the issuing of visas are currently complicating the path to Germany, and pending political decisions by EU countries can influence asylum procedures at short notice.
According to Maximilian Kall, spokesperson for the ministry, the Federal Office for Migration and Refugees (BAMF) already changed its decision-making practice in April for asylum seekers from Russia. As a rule, conscientious objection is a reason for protection. According to the Ministry of the Interior, there is a reception programme for journalists, scientists and other dissidents at risk, through which Germany has already admitted 438 people from Russia.
This view is in line with the 2011 EU Directive 2011/95, which clarifies that persons are considered refugees if they face persecution in their home country, provided that they refuse military service if it involves acts constituting a crime against peace (Article 9(2)(e), Article 12(2)(a)).
The Asylum Procedure in Germany
When applying for asylum, you must present a large number of original personal documents, evidence of your reasons for fleeing and, if necessary, medical certificates. An asylum application must be filed directly in Germany. It is not possible to apply from abroad. To enter Germany, however, a visa is required in advance, but it is generally possible to apply for such a visa from abroad. Please get in touch with us in advance to discuss various visa options. For example, a Schengen visa or a visa for humanitarian reasons may be possible.
It is challenging to enter Germany, as there is no direct air traffic from Russia to Germany. Therefore, you should find out in advance which routes are open for entry. It should be noted here that the land route is also restricted, as some neighbouring Russian countries that are members of the European Union do not allow Russian nationals to enter.
The Federal office for Migration and Refugees (BAMF) first checks whether Germany is responsible for the asylum procedure. This examination is carried out according to the Dublin procedure. Then, if Germany is responsible, the BAMF checks whether you have been persecuted in your country and what you might face if you return.
The Dublin Procedure
Many European states concluded a treaty in Dublin to determine responsibility for asylum applications. Its main content is that only one state is responsible for processing an asylum application. Germany, for example, is not responsible
- if an asylum application has already been made in another European state,
- you entered the country with a visa from another European state,
- the authorities have already registered you in another European state, or
- if there are other indications that you have previously stayed in another European country.
Particular circumstances may justify that your application is examined in Germany if necessary. These are, for example, that you have family members who are in Germany or that you expect human rights violations in the other European country.
Contact us if you need clarification about the country responsible for your asylum application. We will check for you whether Germany is responsible for your application. Also, contact us if a decision has already been made on your asylum application in another European country. Despite this, there are exceptional cases in which further asylum proceedings can be conducted in Germany.
Practice Group: Our German Immigration Lawyers
Practice Group:
Our German Immigration Lawyers
Contact Schlun & Elseven Rechtsanwälte
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
