Germany is bound by the recast Asylum Procedures Directive, the recast Reception Conditions Directive and the Dublin III Regulation and has transposed their provisions through the Asylum Act | Asylgesetz (AsylG), (2 September 2008)

02/09/2008: Germany transposed the recast Reception Conditions Directive by Asylum Act | Asylgesetz ((AsylG)

02/09/2008: Germany transposed the recast Asylum Procedures Directive by the Asylum Act | Asylgesetz (AsylG)

The Dublin III regulation is directly applicable in Germany, however, reference to the regulation can be found in the Asylum Act | Asylgesetz (AsylG)

According to section 12a, the Federal Government shall support an independent, cost free, individual and voluntary asylum procedure counselling. This asylum procedure counselling includes information on the procedure and may also include legal services in accordance with the Legal Services Act. The counselling shall take into account the particular circumstances of the applicant, e.g. if special procedural guarantees or special reception needs are required. Advice shall be provided prior to the interview and may be provided until the asylum procedure has been concluded. The providers of asylum procedure counselling shall transmit personal data to the Federal Office and to the responsible federal state authority or body which indicate that the applicant requires special procedural guarantees or has special reception needs, if the applicant explicitly gave consent to the transmission of the data.

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Since 1 January 2023, the provisions on counselling were reformed and now include advice on legal remedies. Legal assistance depends on the place of residence. For those not residing any longer in a reception centre, they have access to advice centres or lawyers with special expertise in asylum law.

Asylum applicants must apply for legal aid to cover the lawyer's fees. The granting of legal aid to the applicant depends on how the court rates the chance of success of the case.

Applicants have to pay for legal representation themselves.  It is possible to apply for legal aid.

The granting of the legal aid depends on how the court rates the chances of success. The merits test is carried out by the judge who decides on the case itself and is reportedly applied strictly by many courts.

Since 1 January 2023, the provisions on counselling were reformed and now include advice on legal remedies. Legal assistance depends on the place of residence. For those not residing any longer in a reception centre, they have access to advice centres or lawyers with special expertise in asylum law.

Asylum applicants must apply for legal aid to cover the lawyer's fees. The granting of legal aid to the applicant depends on how the court rates the chance of success of the case.

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Applicants, whose asylum application got rejected in the airport procedure, are entitled to free and independent legal assistance.

With regard to access to facilities for civil society organisations which provide legal information and assistance, the Federal Administrative Court ruled on 28 March 2023 that the asserted right to access is not provided nor under national law neither in the recast APD. The court also mentioned that based on the revised Section 12a AsylG as of 1st January 2023, the counselling, although state funded, will be provided independently from the authorities but it does not include the possibility for these providers to access the reception facilities without prior mandates.

The court emphasised that the NGO cannot claim that such a right derives from previous administrative practice in connection with the principle of protection of legitimate expectations or from the requirement of equal treatment with other organisations with access rights because neither the recast APD or Article 18 (2)(c) RCD do not grant legal advisers and NGOs a right to access reception facilities without prior authorisation by an asylum seeker. 

The court clarified that the access of legal counsel or consultants and relevant national and international organisations to help the applicants as provided by the aforementioned legislation, presupposes the desire for advice previously expressed by a specific asylum seeker without adding unreasonable difficulties in the provision of such counselling. 

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It is possible to appeal against the rejection of an asylum application at an Administrative Court without a legal representative, but from the second appeal stage onwards the legal representation becomes mandatory.

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There are no specific regulations for legal assistance in Dublin procedures. There is the possibility to apply for legal aid for the appeal procedure.

Applicants, whose asylum application got rejected in the airport procedure, are entitled to free and independent legal assistance.

With regard to access to facilities for civil society organisations which provide legal information and assistance, the Federal Administrative Court ruled on 28 March 2023 that the asserted right to access is not provided nor under national law neither in the recast APD. The court also mentioned that based on the revised Section 12a AsylG as of 1st January 2023, the counselling, although state funded, will be provided independently from the authorities but it does not include the possibility for these providers to access the reception facilities without prior mandates.

The court emphasised that the NGO cannot claim that such a right derives from previous administrative practice in connection with the principle of protection of legitimate expectations or from the requirement of equal treatment with other organisations with access rights because neither the recast APD or Article 18 (2)(c) RCD do not grant legal advisers and NGOs a right to access reception facilities without prior authorisation by an asylum seeker. 

The court clarified that the access of legal counsel or consultants and relevant national and international organisations to help the applicants as provided by the aforementioned legislation, presupposes the desire for advice previously expressed by a specific asylum seeker without adding unreasonable difficulties in the provision of such counselling. 

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