Is this the end of the road for the asylum advisory service?

What role does the independent asylum advisory service currently play in the asylum system? 

Carsten Stumpenhorst: With the amendment to Section 12a of the German Asylum Act (AsylG) in early 2023, the former state-run asylum procedure advisory service (AVB) provided by the Federal Office for Migration and Refugees (BAMF) was replaced by an independent service that was no longer operated by a government department. Without wishing to question the expertise and dedication shown by the staff, it was arguably somewhat absurd for the body making decisions on asylum applications to have been providing “independent” advice. Moreover, many refugees come from countries where trust in public authorities and government institutions is very low. 

Since then, the AVB has been a vital component of fair, transparent and efficient asylum procedures. The service is free of charge, confidential and offers support that goes beyond BAMF’s statutory duty to provide information. Ideally, the service is provided in the refugee reception centres themselves. In doing so, it complements existing regional programmes in some federal states that are unable to fully meet the support needs of the refugees arriving in Germany.

The German asylum procedure is based on the assumption that, shortly after arriving in the country, each person is able to identify the grounds for their asylum application and present them to an independent decision-maker in a concise, structured and consistent manner during a personal interview. In light of these expectations, an independent pre-interview consultation is essential. This makes asylum decisions faster and more consistent, while also ensuring that asylum seekers needs are met. And if we, as an advice centre, believe an application has no prospect of success, we also inform our clients accordingly, thus taking the pressure off the authorities. 

What would change if this advisory service were to be discontinued in 2027?

Refugees would effectively be prevented from fully exercising their rights. Many have experienced extreme violence and human rights abuses and are traumatised. Without this support, the majority would be left to navigate the process alone, increasing the risk of asylum authorities making erroneous decisions, placing asylum seekers under even more pressure and ultimately further reducing recognition rates – despite the fact that the applicants’ lives are in danger in their countries of origin. 

This could result in more legal challenges, lengthier asylum procedures and ultimately higher costs, as courts would be required to deal with cases that could have been avoided through the AVB. The Federal Ministry of the Interior (BMI) has commissioned an evaluation of the situation, but this is yet to be published.

Moreover, clarifying an individual’s prospects of remaining in the country at an early stage through the AVB facilitates quicker access to language learning, training and education, and employment. This makes it easier for local authorities to plan and tailor their integration services more effectively – a win-win situation for local authorities and refugees alike, and ultimately for our society as a whole. 

The German government has cited budgetary constraints as the reason for discontinuing the service, also suggesting that other structures are already in place. What is your view on this? 

I’ve not yet managed to work out exactly what structures these are supposed to be. As mentioned, a number of federal states use their own budgets to fund refugee advisory services, but that doesn’t happen everywhere. And those that are providing such services would then have to increase funding to keep services at current levels. From a public finance perspective, this would simply be a case of “robbing Peter to pay Paul”.

Moreover, the Common European Asylum System (CEAS), set to be introduced in June, explicitly requires that asylum seekers understand the procedure and present all relevant grounds for their asylum claim as early as possible. This is precisely what independent advice is designed to ensure. The government’s decision to withdraw funding for the AVB is thus clearly at odds with European guidelines. On the other hand, from June onwards, the CEAS will also significantly tighten asylum law – including introducing restrictions on freedom of movement and accelerated procedures with shorter appeal deadlines. Against this backdrop, expert independent advice will become all the more essential for efficient asylum procedures that comply with the rule of law. 

Discontinuing this service will not save costs for the system as a whole. I see it as a political signal from the Ministry of the Interior. Against the backdrop of a long-running debate about who can impose the toughest measures on so-called “illegal” immigration (which, in relation to the right to apply for asylum, is actually not illegal at all), there is a strong suspicion that this is a deliberate attempt to make access to the asylum procedure more difficult. This is not how I envisage an immigration policy aimed at inclusion and equal opportunities. But it certainly is in keeping with the current political discourse, in which every refugee that arrives is one too many, and in which a whole host of unproven – indeed in some cases even disproved – links between immigration and other societal problems are repeatedly asserted. 

As the organisation responsible for the service, we are concerned that abolishing the AVB will leave a major gap in the system, one that is unlikely to be filled, even with shifting political majorities. This does not do justice to those fleeing devastating circumstances in their home countries in search of support here. 

Carsten Stumpenhorst has been Managing Director of the Gemeinsame Diakonische Werke Rheinland-Süd gGmbH since 2011. The Trier-based organisation is the regional welfare body of four Protestant church districts in Rhineland-Palatinate. Prior to this, he worked as a qualified psychologist and trauma therapist in various fields of migration work. Diakonie Rheinland-Süd offers a wide range of services in the area of refugee and migration support, including an independent asylum advice service at two large reception centres in Trier and Hermeskeil.