Asylum process
Transcrição
Asylum process
Logistics of Refugee Aid A Comparison of the Asylum Process in Germany and Finland Helsinki Metropolia University of Applied Sciences htw saar, Saarland University of Applied Sciences 31.05.2016 2 Contributing authors: Aavik Aneken Alla Botika Altin Benjamin Barachino Helena Bilson Geoffrey Correia Helena Ersch Celina Gaddis Jonathan Kamravamanesh Mohammad Kast Christian Koivusalo Joonas Kohl Salomé Nurvo Aleksi Ojanen Saara Sormunen Ville Signore Hayden Versokin Uljana Virtanen Aku Werth Benjamin Zieder Amelie Zucca Michele 3 Contents 1 Introduction 5 2 Overview of the Humanitarian Crisis 7 3 4 2.1 German influx 10 2.2 German Refugee Numbers 13 2.3 Forecasts for Finland 14 2.4 Forecasts for Europe as a whole 15 Asylum Legislation 17 3.1 United Nations Law 17 3.2 European Asylum Law 17 3.3 1/1 EU-Turkey agreement 18 3.4 National Law 18 3.5 Asylum Law in Germany 19 3.6 Asylum Law in Finland 19 3.7 Recent updates and changes 20 Receiving asylum seekers: Initial procedures 21 4.1 21 4.2 5 Germany Main access points 21 Asylum process 22 Financial assistance 26 Finland 26 Main access points 26 Asylum process 28 Financial assistance 30 Key Logistical Aspects of Reception Centers and Processes 31 5.1 31 5.2 Germany Key Logistical Aspects of Reception Centers 31 Accommodation 31 Initial Reception Centre 31 Collective Accommodation Centres 32 Decentralized Accommodation 32 Supply 33 Social Services 34 Contingency Planning 35 Additional Information 36 Finland 36 Accommodation 36 4 6 8 39 Transportation of asylum seekers 43 Contingency planning 44 Logistical Aspects after the Acceptance of the Asylum Application 46 6.1 46 6.2 7 Provided Services Germany Asylum Process 46 Landesverwaltung Saarland 48 Preliminary Decisions 48 Allocations into Regional Associations 49 Integration into Municipalities 49 Housing 50 Financing 50 Services after Integration 50 Rejected Asylum Application 53 The Procedure of the Deportation 53 Voluntary Return 54 Reasons for a Voluntary Return 54 Assistance for a Voluntary Return 55 Finland 56 Asylum Process 56 Process after obtaining a residence permit 57 Support 58 Voluntary Organizations 58 Rejected applications and reasons 59 The deportation process 59 Voluntary return 60 Comparison and Conclusion 62 7.1 Distribution 62 7.2 Registration process and network 62 7.3 Asylum process 63 7.4 Integration 64 7.5 Working capability 64 7.6 Psychological Support 65 7.7 Decision making process 65 7.8 Perspective 65 References 67 5 1 Introduction This report is the result of a joint innovation project conducted during the spring 2016 between Helsinki Metropolia University of Applied Sciences and Saarland University of Applied Sciences. The project was undertaken by fifteen students from Metropolia UAS in Helsinki/Finland and six students from htw saar in Saarbrücken/Germany. Professor Thomas Bousonville from Germany and Anne Steinhaus, M.A. and Senior Lecturer Kaija Haapasalo from Finland supervised the teams. The purpose of the project was to study, analyse and compare the logistical issues of the refugee crises management in Finland and in Germany. The participating students were expected to gain more knowledge and understanding of logistics and SCM related topics in the field of humanitarian logistics. The sources of this research are literature review of current articles and qualitative research in form of interviews conducted to various professionals and volunteers both in Finland and Germany. The target was to clarify and compare the ways the refugee crisis in both Germany and Finland has been handled. The students also got to practice their teamwork and project management skills across borders and apply the tools provided during studies. This was enabled during the spring via webinars and project management software and in May 9th to 13th 2016 in Germany when eleven of the students from Metropolia UAS participated at the Europe Week of htw saar. At the beginning of the project, the students were instructed to design and implement a research project with the intention of examining the current refugee crisis from the perspective of how logistics plays a supportive role in such a complex crisis. One of the underlining reason for comparing German and Finnish asylum systems was to identify best practices leading to value additions to the asylum process and the feasibility of adopting such practices from Germany to Finland and vice versa. The beginning of the project consisted of two parts: the literary background research of the crises and a field study. The students discussed the scope of the project and decided that it would concern the territorial boundaries of Finland and Germany. Due to the sensitivity of the topic, it was agreed that only facts and statistics would be included in the report and all political and personal opinions left out. Political issues were only deemed inside the scope when discussing legal aspect of refugee and asylum law or a political decision had a direct impact on the asylum process. Early on the students realized that it was quite challenging to find information about the operations management and logistics of the crises. The field study provided a help to this. From the interviews held with the various professionals working in the refugee lodging or reception centres, humanitarian organizations and the immigration department of the Ministry of Interior in Finland, the students discovered crucial information about the situation. Furthermore, it was important for the students to understand that the situation is volatile and changing every week as the crises is still very much present in Europe. 6 The Finnish and German teams were divided into five mixed subgroups that conducted their own, individual studies on their respective chapters. These subteams were managed by the project management subteam consisting of Jonathan Gaddis, Saara Ojanen, Michele Zucca from Metropolia UAS and Helena Barachino from htw saar. A project management tool called Freedcamp was used for communication between team members and three webinars were organized to discuss issues face-to-face and present the results during the Europe Week of htw saar May 12th 2016. Project team consisting of students and supervisors from Metropolia UAS and htw saar 7 2 Overview of the Humanitarian Crisis Koivusalo Joonas, Kamravamanesh Mohammad, Virtanen Aku This chapter will give a brief overview and context of the humanitarian crisis. It will specifically be focused on introducing the reader to the current asylum situation in Finland and Germany and to the recent history of the crisis. In 2015, over a million migrants and refugees crossed the European borders, initiating what would later become a generalized crisis, as countries struggled to cope with the mass influx, and creating a division in the European Union over how to deal with the resettling population. The European migrant crisis or European refugee crisis began in 2015, when a rising number of asylum seekers and migrants made the journey to the European Union (EU) to seek asylum, traveling across the Mediterranean Sea or through Southeast Europe. They came from areas such as Western and South Asia, Africa, and the Western Balkans. According to the United Nations High Commissioner for Refugees, the top three nationalities of the over one million Mediterranean Sea arrivals in 2015 were Syrian (forty-nine percent), Afghan (twenty-one percent) and Iraqi (eight percent). Of the refugees and migrants arriving in Europe by sea in 2015, fifty-eight percent were men, seventeen percent women and twenty-five percent children (BBC, 2015). The vast majority arrived by sea but some migrants have made their way over land, principally via Turkey and Albania and winter has not stemmed the flow of people - with 135,711 people reaching Europe by sea since the start of 2016, according to the UNHCR. Most people attempting the perilous crossing are fleeing poverty or violent conflict in their native countries and are attempting to reach Europe, where they seek asylum and better employment opportunities. Countries like Spain, Greece, Italy and the small island nation of Malta are common destinations (UNHCR, 2015). Every refugee is entitled to asylum in Europe under the Common European Asylum System, which sets out a framework for his or her protection and rehabilitation. However, several countries are unable to implement this framework effectively with the sudden and ever-increasing influx of illegal migrants. There have been allegations of mistreatment of asylum-seekers in the past, and measures to deal with the problem include a proposal to create offshore detention centers in so-called “third countries” like Morocco, Egypt and Tunisia. A large part of the effort is funded by the E.U.’s Asylum, Migration and Integration fund, which have set aside 3.137 billion euros for the period of 2014-2020 (Rishi Iyengar, 2015). 8 Figure 1: Asylum seekers on their way to Europe (Source: Massimo Sestini—Polaris, 2014) Figure 2: Top 10 origins of people applying for asylum in the EU in 2015. (Source: Eurostat, 2015) The second data provided, displays a more accurate and specified version of asylum claims in Europe by the end of 2015. 9 Figure 3: Asylum claims in Europe 2015 (Source: Eurostat, 2015) Figure 4: Asylum applications in EU and EFTA states between January 1st and June 30th, 2015 (Source: Eurostat 2015) 10 Most of the migrants are entering the EU territory through Turkey and Greece in case of Finland the influx is mostly from the neighboring Russia. Figure 5: The Raja-Jooseppi border crossing point with Russia in Finnish Lapland (Source: Yle.fi, 2016) There has been a halt to arrivals from Russia. The number of arriving asylum seekers has dropped dramatically since its peak September 2015. This year the focus of arrivals shifted from Finland's northern border with Sweden - where most arrivals were Iraqis - to its northern border with Russia. In January and February, more than one thousand asylum seekers came in from Russia. The largest groups were Afghans and Indians (Yle.fi, 2016). 2.1 German influx In 2014 Germany was the biggest recipient of new asylum claims, with an estimated 173,100 asylum applications. That put it ahead of the United States, with 121,200, the UN refugee agency UNHCR reports. Germany expects as many as 800,000 non-EU migrants this year (Laurence Peter, 2015). 11 Figure 6: Migrant route to Germany (Source: BBC 2015) Turkey (87,800) and then Sweden (75,100) were the largest recipients thereafter. The UK received 31,300 new applications. A successful asylum claim often means the authorities granting an applicant refugee status - the fullest protection, entitling a migrant to stay, get a job and eventually get citizenship. But an asylum seeker can also get subsidiary protection status. It means the applicant does not class as a refugee under the 1951 Refugee Convention, but still needs international protection. The UK uses the term "humanitarian protection" for that. (Laurence Peter, 2015) 12 Figure 7: Syria, Europe and the Migration Crisis. (Source: UNHCR, MPC, 2015) Last year, governments along the Balkan migration route introduced border controls, and some even built border fences to reduce the flow of asylum seekers. In the days ahead, Western Balkan nations such as Slovenia, Croatia and Macedonia will have to enhance border controls again. New fences and migration quotas cannot be ruled out. And as the main Balkan route becomes harder to cross, asylum seekers could be forced to look for alternative routes, creating larger migrant flows in countries such as Romania, Slovakia and the Czech Republic. The migrant crisis will reach a new climax in March or April, when weather conditions improve and more people try to enter the European Union. Migrants who encounter bottlenecks around the Balkan route (Stratfor, 2016) could protest at international borders or even clash with locals. Greece's situation will be particularly difficult because migrants entering through Turkey probably will find it harder to keep moving northward from Greek territory. In the long run, the immigration controls in the Western Balkans could lead to a redirection of migrant flows. In 2015, the eastern Mediterranean route, from Turkey to Greece, replaced the central Mediterranean route, from Libya to Italy, as the main passage for migrants. Stricter border controls along the Balkan route could encourage some migrants to opt for the central Mediterranean route 13 again. This is one of the reasons for Italy's diplomatic efforts to create a stable government in Libya: Rome wants a working Libyan government to combat human trafficking rings and keep asylum seekers from crossing the Mediterranean (Stratfor, 2016). Deportations are difficult to enforce because of massive bureaucracy, lack of resources and the fact that some migrants do not have reliable IDs showing their countries of origin while others hide from the authorities. In mid-2015, Berlin openly violated the Dublin system when it announced that all Syrian asylum seekers would be welcome in Germany. Possibly influenced by Austria’s similar decision, Germany announced January 21th 2016 that it would extend controls on its southern border indefinitely. Germany, Europe's largest economy, received more than one million asylum seekers in 2015. Months of political and social pressure to implement border controls and asylum quotas have led Chancellor Angela Merkel to look for ways reduce the influx of migrants. Berlin's original strategy had two parts: cooperate with Turkey to prevent migrants from entering the European Union and support Brussels' proposal to distribute asylum seekers across the European Union. But so far, Turkey has not made any substantial moves to keep migrants from entering Europe — Ankara's recent announcement that Syrian refugees will be given the right to work has not yet proved effective — and EU members have ignored the relocation plan. The failure of this strategy created friction within Germany's government and forced Berlin to tighten its migration rules. 2.2 German Refugee Numbers Germany has been a desirable target country for a considerable amount of refugees. With over half a million refugees Germany is under pressure with the growing influx of immigrants and asylum seekers. After the summer of 2015 when Chancellor Angela Merkel and Germany welcomed the refugees with open hands and cheers the mood in the country has started to get bitterer towards the immigration. There have been growing concerns on how this huge number of refugees from many different cultures is going to be absorbed. The events of the New Year; the sexual assaults on women by immigrant and refugee men in Cologne and other cities did not help the situation and police were accused of failing to contain and prevent the situation due to “political correctness”. The welcoming attitude of the German people has had some cracks and anti-immigration groups have a growing support, but still a majority of the populous has positive feelings towards the refugees and immigration. There have been rumors from within the government that closing of the borders could be a possibility with the German government attempting to pressure other governments into doing more to solve the migrant crisis (Telegraph, 2016). 14 Figure 8: Number of (non-EU) asylum seekers in the EU and EFTA Member States 2015 (Source: Eurostat, 2015) There are no signs of the refugee crisis ending, by end April 181,000 refugees have arrived to the EU using the Mediterranean route. In 2015 the figure for the first four months was 22,408 refugees arriving by sea. The forecasts on arriving refugees for 2016 are still unclear but it is certain that the crisis is not over. Even though in some parts of Europe the refugee flows have seem to dwindle, Germany and other EU countries still need to be ready for future refugee flows. Even if the flows of refugees are decreasing the integration and accommodation of the accepted refugees are going to strain the budgets of many European governments. Forecast prepared by the Cologne Institute for Economic Research estimates that the refugee crisis is going to cost the German government fifty billion euros in the next two years (CIER 2016). 2.3 Forecasts for Finland According to the Finnish minister of foreign affairs Timo Soini, there is a strong possibility of a new wave of refugees leaving for Europe from Libya. Libya’s coast is long, and there are clear signs of human trafficking. Human traffickers are looking for new routes as the European Union and Turkey have closed the route, which was through Turkey (Helsingin Sanomat, 2016). Third-party labor leasing companies have begun an experiment where refugees with a residence permit are given a possibility to get employed faster than usual. On top of given the possibility to work and get paid, they are also offered language courses and other courses regarding the new society they inhabit. Getting employed has previously taken three to five years for immigrants with a residence permit. This new system of aiming to get immigrants get employed as fast as possible could be a method where the state could even save money through taxes. It 15 can also be therapeutic for refugees who have had negative experiences before and during their journey to Finland (Helsingin Sanomat 2016). The Ministry of Defense of Finland has conducted a study on Finns’ opinions on current security and defense issues of Finland. The main point of the survey indicates there is a growing sense of insecurity, and a partial credit is due to the influx of refugees, which creates tension in Finland as Finns are not used to mass immigration. This is the first time since the start of these interviews in 1990 that has so many respondents indicated an increased sense of insecurity. Most of the feeling of insecurity stems from economic situations regarding employment in Finland and international terrorism. The vast majority have negative views on the increasing amount of asylum seekers both in Finland and other European countries. In Finland’s case, the negative views are seen because the immigration is seen as uncontrolled. Sixty-five per cent of the respondents see the world being more insecure in five years’ time (ABDI 2016). The number was fifty-six percent in 2015. The figures can be seen in figure 9. Figure 9: MTS 2015 Figures in English (Source: Bulletins, 2016) 2.4 Forecasts for Europe as a whole The European Commission has recognized six different areas where the EU has to step up during 2016. These fields are as follows: On relocation: only two hundred and seventy-two individuals have been relocated out of the 160,000 agreed in September On resettlement On hotspots: concentrating the efforts are a must for relocation. On return: persons who do not have a right to stay in Europe must be returned faster to their country of origin On Schengen: help Schengen operate as it normally would On the European border and Coast Guard. 16 Among these areas, the European Union will fully integrate the Lisbon treaty and continue to enforce accelerated work on the remaining components to find a cohesive method of handling the humanitarian crisis. 17 3 Asylum Legislation Sormunen Ville, Signore Hayden This section will introduce the laws and regulations regarding asylum seekers and refugees. The highest level of ruling legislation is presented by the United Nations. This is then followed by agreements of the European Union, which support the United Nation conventions between the member states. After the international law comes the national laws of separate countries, which determine the actions taken by each country in relation to international law. 3.1 United Nations Law The laws and guild lines set by the United Nations pertaining to refugees are the backbone for all other Refugee law. When looking at the United Nations regulations for refugees it is important to look at the 1951 refugee convention. The 1951 convention came directly after World War II and was a set of laws the help govern the refugees left from the devastation of the war. During the 1951 convention a few key points were defined. The first of the key things defined was what a refugee is and what rights they have. It is stated that anyone fearing persecution for a number of reasons has legal rights to apply for refugee status. Along with defining what a refugee is, it also went about explaining the responsibilities of the host countries in which the refugees apply for asylum. Through this a list of standards are expected from each host country, such as food, water, and shelter. (UNHCR, 2000) Although the 1951 convention served its purpose, in 1967 a meeting was held to better improve the previous convention. A few main issues were revised and added to the existing laws. The biggest issue was that it was too strict as it originally only included countries that were effect by the Second World War. After the Second World War other conflicts started to arise and the comity found a need to include all other citizens of other countries to be able to register of refugees. A few other important things came from this addendum such as the safety from non-refoulement. This basically makes it illegal for the host country to forcibly send a refugee back to a dangerous area. Along with these key points it allowed for other countries, apart from the Allied nations of WWII, to sign the deal and be a part of the deal. (UNHCR, 2000) 3.2 European Asylum Law The asylum law throughout Europe in a very straight forward group of rules that allow fairness and safety for all parties involved. There are a few laws that are known as the Common European asylum law system. They state that asylum in a fundamental human right, meaning that any person that deserves asylum for whatever reason should have it granted to them. Because of this it is the law there is another section stating that the granting of asylum cannot be a lottery. This basically means that all cases of asylum must be treated with the same respect and examined in the same way as all other cases. It is therefore illegal to treat any person with a bias, neither positive nor negative. European countries are also required by law to provide humane reception conditions, such as housing, whilst refugees wait for confirmation of residence status. The host 18 countries are only legally allowed to use detention centres, such as prisons or jails, as a last resort for housing of refugees (Commission, 2014). Aside from the Common Asylum Law System there are other laws that are taking into effect to ensure a smoother and fairer process when dealing with refuges. There is a whole list of EU council regulations that pertain directly to refugee law. It is stated in these regulations that all European Union countries are required to accept applications of ANY asylum seeker that applies at their border or even from within the countries territory. The host country is also required by law to inform the asylum seeker of any regulations and requirements that must be fulfilled and how much time they have for everything to be completed. As these laws are to protect both parties involved the host, countries are also granted some rights. For instance the host countries are allowed to send some asylum seekers to a third party country for processing and housing, as long as it is a safe country and does not violate and rules of the Geneva Convention of Human rights (Commission, 2014). There is a list of laws that regulate the way a refugee may conduct applications, which is governed by the Dublin regulation. The Dublin regulation states what is expected from the refugee when applying for asylum. This document makes it illegal for refugees to file more than one application at a time in other countries. If there is an attempt to create another only the first application will be processed. This is to reduce the number of “floating asylum seekers” as this makes the first country they apply responsible for the acceptance/ rejection of the application. Once a decision has been reached that decision is final around all of the European Union. It is impossible for the asylum seeker to create anymore applications and must respect the original decision, be it acceptance or rejection. If they receive a negative reply they are sent back and are processed for deportation. (European Migration Law, 2004) (European Union Law, 2012) 3.3 1/1 EU-Turkey agreement On March 29 the EU and Turkey decided on a plan to stop irregular migration from Turkey into the EU. The 1/1 deal consists of a set of guidelines that outline what qualifies for deportation back from EU to Turkey. According to the agreement for every illegal migrant in Greece that is deported back to Turkey, a refugee in a refugee camp will be transferred into a European country by a quota. Everybody arriving illegally in the Greek Islands from this day will be returned directly to Turkey. This is meant to decrease possibilities and the attractiveness of human trafficking and illegal border crossings. (European Commission, 2016) The agreement will pose the receiving countries with quotas of refugees outside of the normal influx of refugees, which might cause complications in the receiving system. But it will also distribute the influx in a proper manner over the whole union. 3.4 National Law The national laws of Finland and Germany are virtually identical, due to the fact that they are merely reconfigurations of the UN and EU conventions. The national laws state the 19 international conventions in the proper national format. Both Finland and Germany fully apply the international agreements in their own legislative systems. 3.5 Asylum Law in Germany Article sixteen of the German constitution (Asylrecht – Asylum right) states that people who are subject to political persecution in their home country have the right to seek asylum. (Bundesministerium der Justiz und Verbraucherschutz, ei pvm) The German Residence Act (Aufenthaltsgesetz) stipulates the refugee status. (Bundesministerium der Justiz und Verbraucherschutz, 2008). The Asylum Procedure Act grants protection against political persecution for people seeking for it. It states the reasons why someone can be granted for asylum and protection in Germany, and why possibly not. It states that an alien will be eligible for asylum if they can prove that they are in real risk in their country of origin. In Chapter four of the act the asylum procedures and general rules of the procedures are stated. The Asylum Procedure Act stipulates, that people that are under political persecution or subsidiary protection, are allowed to seek asylum. Humanitarian reasons are to be considered only when the Ministry of the Interior so orders. In 2016 some adjustments were made to the German basic law in relation to the refugee crisis. (Bundesministerium der Justiz und Verbraucherschutz, 2014) 3.6 Asylum Law in Finland The Finnish constitution states in section nine that a foreigner is allowed to enter and exit Finland, move inside the country freely and that human rights also apply to foreigners. It also states the non-refoulement policy. Apart from the constitution there is one law that applies to refugees and asylum seekers in Finland. It is called the Aliens Act (301/2004 - Ulkomaalaislaki). Its purpose is to make sure that good governance and legal protection is ensured to foreigners entering Finland. It is also meant to promote human rights and managed immigration in regards to international agreements that Finland is a part of. The law also states that it does not allow the restriction of foreigners’ rights any more than necessary. The reasons, why a person should receive international protection from Finland are political persecution, subsidiary protection or refugee status based on humanitarian basis. This differs from the German law, as in Finland the humanitarian basis is directly in the legislation. Section eighty-seven of the Aliens Act lists the reasons at which somebody can seek for asylum and it also lists the reason, why somebody will most likely not be granted asylum. The law withholds the explanation of persecution as well as the refugee quota. The National Administrative Act (434/2003) is applied to the right to interview asylum seekers on the basis for the application for asylum. In order to find out whether aliens are granted permission to enter the country, to stay in it or possibly removed from it the Police Act (493/1995) is enforced. Legal assistance to aliens if needed is also assured in the Legal Aid Act (257/2002) (Finlex, 2004). 20 Ultimately the Aliens Act is responsible for, in unison with the international agreements, making sure that Aliens are treated fairly, given a change to seek asylum in Finland if needed, what grounds they will or will not be accepted in Finland and on what grounds deportation or refusal to enter the country is issued. Non-refoulement is also handled in section one hundred and forty-seven. These sections within the law function as guidelines for all different departments working with refugees from the border guard to asylum centres and the police. In 2016 some parts of the law were subject to minor change in order to make the refugee process slightly faster. 3.7 Recent updates and changes Due to the abnormality of the situation the legislative system has faces a wide scope of problems. This is because the national legislations and for example the Dublin agreement were based on a normal influx of refugees, rather than crisis as this. This has led for both countries, and the EU-level to adjust their legislation to make it more efficient and faster and to raise the standards on which grounds applicants are able to receive asylum. For example, making family combining more difficult, meaning if one person of the family receives asylum, the rest of the family will not automatically get that status. At the other end the countries have taken out of the legislation possible waiting periods, for example they have made it easier to deport people that are denied the asylum, especially criminals. (Deutsche Welle, 2016) Now both countries can deport denied asylum seekers back to their home countries more easily. This took effect in Germany already at the end of 2015, where the German government has passed “packages” which contain updates on the existing refugee law. (Deutsche Welle, 2015) In Finland on the contrary making changes to the legislation is a more rigorous and slow process and little changes have been made. As of May 2016 the Finnish government deemed previously unsafe countries as safe in an attempt to curb the amount of incoming refugees. Previously these countries, whose status was changed, were the Baltic countries, but now also Iraq, Somalia and Afghanistan was added to the list, where only people under persecution would possibly get asylum and the possibility for humanitarian asylum was taken of the list for the people from those countries. (Aalto, 2016) The legislations on national level were merely reconfigurations of UN and EU -level conventions and were setup to put them into actions, but as they covered a lot of ground, they were too slow to match the current situation. Essentially, the crisis has created a need for a more lean legislation, which would make the whole process of asylum seeking for all parties more efficient and faster. Many of the clauses that the laws held, for instance with the permission to set up a Registration centre when needed, were put into effect. In Germany, the political pressure, and the political system to change them has been more willing than it has been in Finland. However, both countries have made their respectable adjustments. 21 4 Receiving asylum seekers: Initial procedures Salome Clara, Benjamin Werth, Alla Botika, Geoffrey Bilson This chapter explains the main access points, through which the asylum seekers enter Germany and Finland. It also describes the initial registration of the asylum seekers, the systems that help with this process and the financial aid provided to asylum seekers. 4.1 Germany Main access points As most of the asylum seekers make their way through the Balkan states, the closest German border for them is the one between Austria and Germany. Especially Lower Bavaria, a German region situated in the South-East of the country, is experiencing a great influx of asylum seekers. The German city Passau, which is located next to the Austrian border, is where most of the asylum seekers arrive. Figure 10: Asylum seeker routes through Balkan states (Source: Spiegel Online, 2015) As Germany is in the heart of the Schengen zone, there is nothing apart from the rivers Inn Salzach and Donau, to stop people traveling from Germany to Austria. Therefore bridges are functioning as main access points through which you can enter Germany easily when coming from Austria (Handelsblatt, 2015). 22 Figure 11: Asylum seeker routes: Bridges Bavaria/Austria (Source: Bayerischer Rundfunk, 2015). Because the borders are open, it is difficult for Germany to keep track on the asylum seekers entering the country. Some asylum seekers are coming by bus and trains that have been organized by the State of Austria. Others take regular public transport to cross the border and ideally get intercepted by the police at the train station (Metzlef, 2016). Others enter the country by foot or by traveling with smugglers for whom they pay for the border-crossing transport. In most cases the asylum seekers get dropped off at a motorway service station. The German police is actively working on this as it is known to be the most dangerous way to travel and authorities have no control on how many people are entering Germany, where they come from and who they are (Die Welt 2015). 4.1.1.1 Airports In some cases, the asylum seekers arrive by plane at airports. In this situation the Airport procedure (Flughafenverfahren § 18a AsylVfG) is applied. The Airport procedure is for the asylum seekers coming from safe countries or for those who have lost their passports and are asking for asylum at the border security. Their asylum procedure is taking place at the airport while the asylum seeker is still in the transit zone. The process has to be concluded within two days, or else the person has to be given entry and their asylum case will be followed-up in Germany (BAMF, 2015a). Asylum process Arriving at the German border is the first step of a very long process for every asylum seeker. There are different institutions and authorities involved in the process at various stages. The figure 12 shows how the process is taking place and which institutions are interacting with each other. 23 Figure 12: Asylum process in Germany (Source: Authors, 2016) 4.1.2.1 Initial registration According to the law on asylum procedure (Asylverfahrensgesetz) § 13: "A foreigner who has not got the required documents in order to enter the country has to ask for asylum immediately at the German border. If the foreigner has not done so and has already entered the German territory, they must immediately go to one of the numerous reception centers in order to get registered as an asylum seeker.” However, many asylum seekers do not know about the asylum procedure and often get intercepted near the border where they are directly transferred to the closest reception center. There is a great amount of people entering the county unnoticed. Usually they show up at a reception center in order to get support (housing, medical aid and food etc.) or the police stops them by chance somewhere in the country and brings them to a reception center. Getting registered is crucial for asylum seekers as it is the only way to get a temporary resident permit and being allowed to apply for asylum. There are different steps in the registration process that an asylum seeker has to go through. Firstly, they are asked to show their identity papers, fill in a form about their personal data, such as name, date of birth and origin. Next their fingerprints and a biometrical photo is taken (Hoffmann, 2016). According to the Asylum law, refugees must furthermore undergo a medical health check. This consists of a general check up to make sure they are not infected with any kind of contagious illnesses, an X-ray of the lungs and a blood test. This is a preliminary procedure in order to be allowed to stay at a reception center, regardless of the length of the stay (Asylverfahrensgesetz, § 62 Gesundheitsuntersuchung). All the information that is gathered from the asylum seekers is required by several institutions. However, in the past it was impossible to pass this information on from one authority to another and registering an asylum seeker multiple times has not been uncommon. A major cause of this problem has not only been the German data protection policy but also the incompatible databases. (Hoffmann, 2016) 24 4.1.2.2 Refugee-ID Due to the issues with the registration of the asylum, a new Identity card for the asylum seekers was introduced in February 2016. It is called “Ankunftsnachweis” which means ‘evidence of arrival’. This document is meant to simplify and accelerate the whole registration process. This ‘passport’ helps authorities to have access to key data. It holds an identification number, identity and contact data, fingerprints and the place of living. Additionally, it includes information about the holders’ education and professional qualifications in order to enable a fast employment. Since February the “Ankunftsnachweis” is mandatory for asylum seekers in Germany (BAMF, 2015). It can be issued during the initial reception or by the BAMF (Bundesamt für Migration und Flucht). 4.1.2.3 New IT-system So far, one of the biggest issues has been the exchange of the gathered information. The standardized information from the “Auskunftsnachweis“ will therefore not only be available on the ID but also in a centralized IT-system. With a Fast-ID system (based on fingerprint recognition) which is now available in every initial reception, authorities will be able to immediately tell if a person has already been registered or not (Die Bundesregierung 2016). This way the authorities will not spent their time registering asylum seekers multiple times and information about the applicants will be available to the relevant institutions instantly. These are the Federal Office for Migration and Refugees (Bundesamt für Migration und Flucht), the Reception Centers (Aufnahmeeinrichtungen), the Foreigners' Authority (Ausländerbehörden), the Asylum Seeker Support Authorities (Asylbewerberleistungsbehörden) and the Federal Labor Office (Bundesagentur für Arbeit) (Bundestag 2016). Figure 13: Asylum Seeker ID (Source: Deutscher Bundestag, 2016) 4.1.2.4 EASY-System The EASY distribution System (first acquisition of asylum seekers’ system) is a databased system used by the BAMF (Federal Office for Migration and Refugees). It allows the officials the equal distribution of the refugees over the sixteen federal states of Germany. The key criterion of the EASY-System is the “Königsteiner Key” (see below), but the EASY-System also takes into consideration the actual capacity of the reception 25 centers and their specializations. Not all branch offices of the BAMF deal with all countries of origin (BAMF, 2015b). 4.1.2.5 Königsteiner Key The “Koenigsteiner Key“ is a mathematical distribution tool for the government in Germany. It was designed for an agreement between the federal states of Germany in 1949 to distribute the cost of the governmental research institutes like Max-Plank-society and others over the sixteen federal states. The GWK (Joint Science Conference), a governmental commission for education and research, calculate a new Königsteiner Key every year. It is calculated with 2/3 tax income and 1/3 population of each state. The operating numbers in tax and population are mostly from two to three years below (GWKBonn, 2016). Today the Königsteiner Key is being used to distribute various things to the federal states. It is also the key criterion in deciding about the number of the refugees each state is to receive. Figure 14: Distribution Königsteiner Key 2016 (Source: BAMF, 2016) 4.1.2.6 Transportation For the reason that Germany is surrounded by other Dublin-rule abiding States, the asylum seekers are not usually noticed when they cross the borders. Most of the asylum seekers arrive to a reception center on their own. In normal circumstances there is no organized transportation from the border to any reception center. (Hoffmann, 2016). However, during the crisis so many asylum seekers crossed the border each day that 26 the federal police was not able to register everyone. Therefore, the government decided to bring asylum seekers without registration directly to the reception centers. In collaboration with the Deutsche Bahn, the government organized the transportation for most of the asylum seekers that crossed the border in the South-East of Bavaria. (Hoffmann, 2016). Chartered trains and buses transported the arrivals directly to the reception centers. More complex routes were organized for the smaller reception centers across the country. The Deutsche Bahn organized also a lot of additional help for the asylum seekers, for example special counters, interpreters, and signposts in Arabian language (Deutsche Bahn, 2015). Financial assistance It is often stated that Germany is too appealing to asylum seekers. This is why some politicians such as the minister of interior Thomas de Maizière are calling for support in the form of vouchers and non-cash benefits and others for cutting down the pocket money for people arriving from the Balkan states. The Asylbewerberleistungsgesetz is regulating the form and amount of support an asylum seeker receives in order to satisfy their vital needs. This not only applies to asylum seekers but also to the applicant from whom asylum has been denied and to those who have been granted a provisional residence permission. While an asylum seeker is being sheltered in a shared accommodation, a support in form of donations is only received. It is only in the later process that the asylum seekers will receive cash support (also called pocket money). (Spiegel 2015) Upon arriving at the first registration point, the asylum seekers are offered new clothing and shoes, food and drinks (Metzlef, 2016). Another aspect that is very costly is the transport of the Asylum seekers. Once they are registered their transport to their relevant reception center is being organized for them and it is free (Hoffmann, 2016). Details about the allowance are explained in chapter 5.2. 4.2 Finland Main access points 4.2.1.1 The Finnish-Russian border As an alternative to a perilous journey across the Mediterranean by boat, another crossing for asylum-seekers has emerged: the Arctic Circle. Despite the cold temperatures, growing numbers of migrants and asylum seekers are using the Russian North to enter Finland. The faster and safer Arctic route has emerged as a viable alternative for asylum-seekers to the rough seas that have claimed thousands of lives crossing from Turkey to Europe. The Russian border town of Alakurtti is a growing channel into Finland’s northernmost region Lapland, where many asylum-seekers have entered by car. This has caused the Nordic countries to consider drastic measures in response (Standish, 2016). 27 Figure 15: Border crossing to Finland (Source: Washington Post, 2015) The Finnish-Russian border has not been a popular crossing throughout Europe’s migration crisis. Only seven hundred asylum-seekers crossed from Russia in 2015, but according to a recent report by the Finnish Border Guard the number could swell to more than 7,500 in 2016. According to the report, nearly half of the arrivals from Russia in 2015 were Afghan citizens, who had been living in Russia for months or even years before crossing into Finland. In total, around 32,000 asylum-seekers arrived in Finland in 2015 (Standish, 2016) To restrict the entry of the asylum seekers from Russia, a deal between Russian President Vladimir Putin and Finnish President Sauli Niinistö was signed on March 22, 2016. This agreement restricts crossings at two popular entry points to Finland - Salla and Raja-Jooseppi - to only Finnish, Russian and Belarusian citizens and their family members, regardless of nationality, for one hundred and eighty days. The new agreement came into effect on Sunday, April 10 at midnight (Yle, 2016). According to a joint statement from the foreign and interior ministries, the restriction aims to “prevent illegal and uncontrolled migration and related threats, and reduce opportunities for crime. Another aim is to enhance the effectiveness of measures taken in Finland and Russia in the past few weeks to combat illegal migration and its facilitation” (Yle, 2016). 4.2.1.2 The Finnish-Swedish border The northern Finnish city of Tornio forms a cross-border twin city with the town of Haparanda in Sweden. As envisioned by the European Union, it was planned to be an 28 unguarded border where shoppers could move freely. However, due to a rapid rise in the number of asylum seekers and migrants entering the country, The Finnish police began checking people who arrived across the border from Sweden, starting in September 2015 (Sputniknews, 2015).All asylum seekers that cross the border at Tornio were brought to the Registration center, where applicants were registered and then transferred to reception centers elsewhere in the country. Asylum process Registration of asylum seekers is a critical measure that is taking place in order to identify individuals who are at risk or have special needs. The process helps to identify children and those people who were separated from their families during crises and reunite them. It is also done in order to record the number of people arriving into the country. In Finland, the border guards are responsible for this task. However, in a situation of the asylum seeker influx at the border, the task becomes impossible. Before the refugee crisis started in autumn 2015, when only a small number of people were arriving in Finland as asylum seekers, the process was swift. In these normal circumstances the asylum seekers were directed to the nearest police station to apply for asylum. The police usually contacts the nearest reception center and checked if they have space for accommodation. In the case that there was no space in the reception centers the police then called immigration office for help. The Police could also call immigration office if there is a case of unaccompanied minor for assistance and protection. Immigration is contacted under very acute and emergency situations only. Under normal circumstances the immigration does not have anything to do with asylum seekers at the initial reception stage. However, starting around August - September last year (2015) when the refugee crisis became very intense and thousands of asylum seekers started arriving to Finland, the immigration office intervened and created one centralized office for asylum seekers registration, known as the Registration center in Tornio. At Tornio the asylum seekers were arriving from Sweden by train. Police officers were waiting for them at the station and directing them to buses or directly to the Registration center. The Registration center was set up around 400 m from the border. Basic accommodation was also provided at the center. Depending on the number of asylum seekers, they could stay from one to five days there, waiting to be registered (Harmonen, 2016). During the autumn of 2015, asylum seekers arrived independently straight to Helsinki from Lapland, as they assumed that they would automatically be able to be accommodated in the Helsinki’s reception centers. They had a little knowledge on the asylum procedure. The asylum seekers were able to register in Helsinki, however they were sent anywhere in Finland where there was a place for them to be accommodated while waiting for the asylum decision, even back to Lapland. The Registration center was founded to stop this unnecessary and uncontrolled traffic and to register the arriving people immediately at the border (Kaukiainen, 2016). 29 In September 2015 the influx was quite severe and almost 11,000 asylum seekers arrived in Finland. This called for a collaboration for a joint operation at the border between the immigration, police, the Red Cross and the border guards. Henceforth the process of distributing the asylum seekers across the country was really fast and required less time spent at the Registration center. The asylum seekers were arriving to the Registration center where the police registered them and put them on the bus provided. The asylum seekers would then get sent to the various reception centers chosen by the Immigration Office. Starting in October 2015, when the influx slowed down, the police started organizing interviews at the Registration center too. Then on the asylum seekers were registered first, then they were sent to a reception center for few days or couple of weeks. After this they were invited back to the Registration center for the first basic interview, in which they were asked basic questions as in who they are, where they are coming from, which routes they took, on what grounds were they seeking asylum etc. At the beginning of March 2016, the procedure changed again and now the police is only doing the registration. All other interviews are held by the immigration office. This has sped up the process of the asylum evaluation. The Registration center in Tornio was closed in March 2016, because there were no asylum seekers arriving to Tornio anymore. The refugee influx in Tornio slowed down drastically starting mid-January 2016. The recent influx occurred at the Russian - Finnish border. 4.2.2.1 Transportation to initial reception Transportation is provided to asylum seekers from the border to a reception center. If required, they are provided with an escort. In Finland, the police, the immigration officers and the border guards are responsible for the organization of transportation to the asylum seekers from the border to the registration and reception centers. When the trains full of asylum seekers were arriving from Sweden to Tornio, the police was already there, waiting at train station and guiding the asylum seekers to the Registration center. In order to use the resources effectively during the process of the registration of asylum seekers in September 2015, the police requested the Defense Forces to provide assistance at the Registration center. The assistance team advised people on how to move in the area, checks those entering and leaving the area, and assisted in transporting asylum seekers from the Registration center to reception centers. The members of the Defense Force operated in Tornio under the leadership of the police. The immigration office organized the transportation from the Registration center. After a group of asylum seekers were registered, the Immigration office called local bus companies and rented buses from them to transport the asylum seekers to the reception centers across the country. The immigration office decided where to send the busses and made the decision based on the reception centers that were ready to receive asylum seekers. In reality the busses were sent anywhere where there was available space for the asylum seekers. Each bus had a capacity of carrying about 50 people. 30 Another reason for organizing the transport for the asylum seekers is that they might need to travel to get to the interviews. Adults can move independently and can be taught to move around with the public transportation. This is the case in Helsinki for example. Some reception centers are not close to a bus stop but mainly the asylum seekers travel by themselves using public transportation (Kaukiainen, 2016). Financial assistance In Finland, the asylum seekers are entitled to an allowance, which is intended to cover some expenses, including food and clothing, but not accommodation. The accommodation is free of charge in the reception centers. The allowance is based on the basic supplementary social allowance granted to citizens, although the amount is reduced by thirty percent for an adult and fifteen percent for a child due to the accommodation and other services being provided in the reception center. Those living outside the reception center also receive the reduced allowance. Asylum seekers are not entitled to a child benefit or any other social benefits (Pakolaisneuvonta, 2016). The details about the asylum seeker allowance in Finland are explained in chapter 5.6. 31 5 Key Logistical Aspects of Reception Centers and Processes Celina Ersch, Uljana Veresokin, Helena Lino de Correia, Aleksi Nurvo In this chapter the single elements of German and Finnish reception centers including accommodation, catering, supply, finance, organization of transports and contingency planning are explained. 5.1 Germany After their arrival, refugees have to go to the Regional Government Authority (“Landesverwaltung”) where they have to register. The Regional Government Authority is responsible for every Reception Center in Germany which works in cooperation with the Federal Office of Migration and Refugees (“Bundesamt für Migration und Flüchtlinge - BAMF”), the employment agencies and job centers. After the registration, refugees have to make a request for asylum at the building of “BAMF”. If they get a positive answer, it’s the task of “BAMF” to send this information including a list of names to the reception center. Only because of this note, it’s now possible for the refugees to live in a reception center. (Survey by Informationsverbund Asyl und Migration in February 2011) In Germany there doesn’t exist any standard for the different reception centers, but there are some standards to varying the degrees in regional legislation thanks to the State Reception Acts (“Landesaufnahmegesetz”). Key Logistical Aspects of Reception Centers In the following, the single elements of German reception centers including accommodation, catering, supply, finance, organization of transports and contingency planning are explained. Accommodation In general, 3 types of accommodation for asylum seekers can be distinguished. Initial reception centers, collective accommodation centers and decentralized accommodation. Initial Reception Centre For a period of up to 6 months after the asylum applications are accepted, it is allowed to stay in an initial reception center. Furthermore, asylum seekers from “safe countries of origin” are obliged to stay in initial reception centers for the whole duration of their procedures. The Federal States in Germany are required to establish and maintain the centers. Each of the 16 German Federal States have own initial reception facilities. (Aida, 2016) Normally the centers are located near to a BAMF branch office and have the task to accommodate the refugees in the initial reception period. 32 Collective Accommodation Centres There exist as a rule that the refugees have to be accommodated in “collective accommodation” centers, when the obligation to stay in the initial reception center ends. (Focused Study of the German National Contact Point for the EMN, Andreas Müller) accommodation centers are normally situated within the same Federal State as the initial reception center to which the asylum seeker was sent for the first reception period. The organization of accommodation and distribution of refugees within the same territory is entitled by law. (Asylum Information Database, Types of Accommodation, Germany) Decentralized Accommodation For many municipalities the establishment of collective accommodation wasn’t efficient. Especially between 2002 and 2007 there was a decrease of numbers of asylum applications. As a result, a lot of collective accommodation centers were closed during in this time. Furthermore, municipalities more often accommodate asylum seekers in apartments. (Asylum Information Database, Types of Accommodation, Germany) In addition, there exist people with a “tolerated stay” (Duldung) and groups of people who have been granted a temporary residence permit. Many of the people in these groups who have been staying in Germany for several years like it more to live in decentralized accommodation than asylum seekers, because the application is still pending and the government recommend it too. The Federal States often use different regulations because there doesn’t exist everywhere standards for the accommodation of asylum seekers. In spite of the general regulations on accommodation standards in the initial reception centers, there are a lot of irregularities reference to the required living space. (Müller, 2016) Figure 16. Room in the Initial reception center Lebach (Source: Veresokin, 2016) A typical room has 2 or 4 beds and some furniture for each refugee. In general, the federal states provide 6m2 for such a room. Most of the centers prefer to accommodate families or single woman in separate buildings, but in times of overcrowding it isn’t possible to follow that policy. (BAMF, 2016) 33 There was a rise of numbers of asylum seekers in 2012 and 2013 in Germany. The usage of individual apartments and housing containers was needed to create more living places for new refugees. Some federal states responded by increasingly commissioning companies and organizations, that means non-state actors should help in reference to the accommodation. Overcrowding has also been reported as a problem for the following years 2014 and 2015 (Guardian, 2015). In some centers they used temporary housing as solution or they limited the duration of the stay for newly arrived asylum seekers. This option was built to make room for the following next arrivals. Last year, in 2015 a lot of refugees were sent to emergency shelters or to local accommodation before their application for asylum was registered. But the second solution leads to higher demand in decentralized housing and follow-up accommodation. The only possibility for a lot of asylum seekers was to be accommodated in emergency shelters. There were a few different places – tents, schools, office buildings or gyms (BAMF, 2016). In most of the German reception centers where guidelines are available bath facilities have to be shared from 10 to 12 persons. The facilities consist of toilets and shower rooms. But in times of overcrowding, in some centers the ratio is worse than that. Cleaning of shared space and bath facilities is job of external companies in the initial reception centers. Supply The organization in the reception centers regarding supply of catering, health care, security and other services especially in times when an unexpected number of refugees arrive is very though and decisions have to be made quickly (Gerhardt, 2016). Therefore the initial reception centers get help from volunteering citizens and organizations such as Deutsches Rotes Kreuz (In the following “German Red Cross”), Technisches Hilfswerk (In the following “Technical Relief Organisation”) and fire department. How everything is organized and financed will be explained based on the interviews with the directors of the reception centers in Lebach and Birkenfeld. 5.1.6.1 Financing Everything that has to do with the initial reception center is financed by the federal state (Gerhardt, 2016). 5.1.6.2 Catering Refugees have to be catered and supplied with goods and services in order to satisfy their basic needs. Decisions who caters the initial reception centers are made on the following criteria. The caterer has to be able to cook for hundreds of people and be flexible. Last but not least the meals have to have a good taste. Once a day the refugees get a warm and twice a day they get cold meals. Usually the chefs use spices and food that the refugees know from their country of origin (Hoffmann, 2016). Usually the need of catering big reception centers is advertised but in cases when hundreds of refugees show up overnight -as it was the case summer 2015 when Germany reached the peak with over 800 000 refugees-decisions who caters and supplies had to be done quickly. In emergency cases like this legally assignment procedure are loosened. The Initial reception center in Birkenfeld signed limited contracts with suppliers and caterers at the 34 beginning, so now when the situation got under control and structured they have the possibility to advertise and get several offers and choose the best to improve organization and to save money (Gerhardt, 2016). How much is actually spend for catering refugee reception centers is not made public by caterers or public authorities. One of the reasons is that in most cases it would be much cheaper if the refugees would cater themselves outside the camp. Estimations talk about around 11,70€ per refugee per day. The asylum-seekers who may make purchases and cook after their time in the initial reception centers receive less cash for it than the caterer. The same caterer usually serve canteens in schools and companies, but they get a higher revenue with the camps. The food is nearly the same but the price they are getting differs enormously (Welt 2015). 5.1.6.3 Transport To move from the reception center to other places refugees use public transportation. But usually in Germany the reception centers are close to cities, so there are no big logistical problems. After asylum was accepted the initial reception center receives transfer lists and have to organize buses to bring the refugees in the different municipalities. The buses are hired from private companies and are chosen with the same procedure as with the other services (catering and facility management etc.).Within the reception centers transport for example to the doctors is organized by the German Red Cross. For other cases people have to use public transportation. (Gerhardt, 2016). 5.1.6.4 Other Services Asylum-seekers receive an amount for personal everyday needs. Additionally refugees get right after their arrival basic equipment package, in particular toiletry and hygiene article and clothes (Welt, 2015). Clothes and toys that were donated are sorted and stored in a warehouse and given out to people in need. Sometimes- as it was the case in Birkenfeld - the worth of clothes and products exceed the worth an asylum seeker has the right to get according to the law (Gerhardt, 2016). Social Services 5.1.7.1 Allowance Each asylum seekers receives pocket-money that is paid on the basis of a federal law and the asylum seeker benefit law which is adjusted every year (Gerhardt, 2016). Single Married >18yrs with family 15-18 yrs 6-15 yrs < 6 yrs 126,00€ 113,90€ 100,80€ 70,90€ 77,50€ 73,70€ Table 1: Allowances provided for asylum seekers (Source: Veresokin, 2016) 35 5.1.7.2 Occupational & Educational Activities In order to facilitate integration, the asylum seekers are offered German classes during their stay in reception centers. These classes are mainly held by volunteers (Gerhardt, 2016). In Birkenfeld reception center, the children have the possibility to go to kindergarten which is run by hired employees and volunteering staff. Furthermore, the Birkenfeld center offers a recreational room for teenagers where they can play ping-pong and pool. A gym and a soccer ground are planned to be opened in the near future. Events like Women’s Day on the 8th March are also celebrated in the reception center (Gerhardt, 2016). The reception center in Lebach also offers a “café” and other facilities but in comparison to Birkenfeld they offer little children visits at the local kindergarten to play with local children (Hoffmann, 2016). 5.1.7.3 Health Care There are several possibilities for medical services. There are medical offices in the centers, “mobile” doctors and volunteers that drive to reception centers, and in case of heavy illness, the asylum seekers are brought to external practices. Additionally, in Lebach, the German Red Cross takes care of medical services at nights and at weekends (Hoffmann, 2016). In general, the entitlement for asylum seekers, who have made an asylum application orientates to §§4 and 6 of the Asylbewerberleistungsgesetztes (AsylbLG). Depending on the federal state, the amount is paid by health insurance vouchers or the electronic health insurance card (Gesundheit für Geflüchtete, 2016). All incoming asylum seekers are examined and if required, medicated in first admission facilities against infection illnesses and other illnesses and injuries. Some illnesses and injuries are treated in every center. In case of a difficult illness, the asylum seeker is treated at the local medical practitioner or at a hospital. Medical services include according to §4 paragraph 3 AsylbLG the officially recommended protective inoculations, measures to the emergency care and acute care, services for pregnancy and birth as well as medical check-ups - Furthermore refugees get consultations about recommended vaccinations. If the refugee gets vaccinated afterwards or not is based on his own will because in Germany vaccination is not compulsory (Flüchtlinge in Hessen, 2016). Contingency Planning Every Initial reception center has a contingency plan. Employees have to be aware how to act in emergency (Interview Günter Gerhardt, 26.04.2016). Example Reception Facility in Lebach, Saarland: One night 1200 refugees were expected and 4000 showed up. Tents from German Red Cross (winter resistant, with floors and heaters) and toilet boxes were built up and lso the warehouse was used as first solution to accommodate people. Although for now the number of refugees decreased the reception center still keeps tents for contingency. The reception center of Lebach is seen as a nationwide paradigm. The company secret is a good collaboration, fearless incentive talent and to be on standby, to learn steady something new. The 36 special feature of the reception center in Lebach is the positioning of all responsible institutions at one place (BAMF, regional government authority, Security Service, Job Center). This placement makes possible to have a briefing every morning, to create fast new ideas and suggestions for improvement. Furthermore the asylum process in Lebach takes less time as people work in two shifts. The organization of Saarland’s reception centers is an optimized system which acts as orientation for all other federal states in Germany (Interview Dr. Hoffmann, 13.04.2016). Depending on the amount of refugees in the centers, security services and police that has to ensure peace between the big amount of people and sometimes with different cultural backgrounds. Where Birkenfeld rely only on private security companies Lebach uses both services security and police (Interview Dr. Hoffmann, 13.04.2016). Regarding the Insurance, asylum seekers that come and live in the reception centers don’t have any insurance against damage (Interview Günter Gerhardt, 26.04.2016). A solution for life after reception center came up at the beginning of 2016 when the GVV municipal assurance VVaG offered a private liability insurance for refugees and asylumseekers which can be concluded by the local authority districts as a collective contract. The annual cost are 33. 60 euros for individuals and 38. 40 euros for families. For that the town or local authority districts have to inform the assurance every six months about the number of asylum-seekers / refugees accommodated (NOZ, 2015). Additional Information The German Red Cross plays a crucial role in the reception centers, as the volunteer organization takes care of the medical services, the collection of clothes and other physical donations, but as well the social services are guaranteed by them (Gerhardt, 2016). 5.2 Finland Accommodation In Finland the asylum decision process is a difficult and long process. During this process that usually lasts for over six months asylum seekers cannot be left on their own. Accommodation is part of reception services provided to the asylum seekers. Accommodation is needed to give otherwise homeless people shelter in a new country. Organizing accommodation is the state’s duty and the state buys the accommodation services from external service providers such as private companies, non-government organizations and also from municipalities. After asylum seekers have been registered in the system of the Finnish immigration service, they are guided to the nearest reception center that has enough space. (Kaukiainen 2016.) In Finland the accommodation takes place in reception centers. Reception centers have many shapes and sizes. Centers are usually established to accommodate large groups of people. (Kaukiainen 2016). Reception centers are managed by the service providers. Service providers rent the facility and organize the furniture and supplies needed for housing people. There are reception centers all over Finland in major cities but also in 37 the countryside. Asylum seekers do not get to choose where they are sent to and they are given a reception center place based on the current vacancy in centers. Accommodation services are outsourced to external service providers mainly because the refugee crisis is a major political question. As an example, the democratic decision making in municipalities is a long and complicated process. Deciding about the opening of a municipal reception center can take years. Companies and NGOs have much more flexible decision making process and they can proceed and adapt quickly. (Kaukiainen 2016). In Finland, the major accommodation service provider is the Finnish Red Cross. Also some companies like Luona Oy and many municipalities operate reception centers. They have their own processes and own services and as the Finnish Red Cross is a nongovernment organization with a high number of volunteers and Luona Oy is a private company and part of international Barona Group Corporation. Reception centers are dealing with a lot of different kind of logistical challenges. Establishing phase and operating phase are facing very different kind of logistical issues. Establishing a new reception center requires transportation of furniture, office materials and building materials. Operating phase includes logistics for food supply, donations, sheets and duvet covers and other supplies, and of course people. Organizing these logistics varies between different reception centers according to their location and also between different accommodation service providers. Reception centers manage some logistics by themselves but transportation is mostly outsourced. (Kaukiainen 2016.) According to the Act on the reception of persons applying for international protection and on the identification of and the aid to victims of trafficking in human beings 3rd chapter 13§ (Laki kansainvälistä suojelua hakevan vastaanotosta sekä ihmiskaupan uhrin tunnistamisesta ja auttamisesta 3 luku 13§) the reception centers should cover the following services: - Accommodation Reception allowance Social services Health care Services Translation services Occupational and Educational Activities Food supply or increased reception allowance 5.2.1.1 Reception Centres After spending a couple of days in the Registration center, the asylum seekers were allocated into reception centers across the country where they will wait for the asylum decision from six to eight months. The applicants can be directed to different centers depending on gender, age, whether or not asylum seekers have family, and need for detention (Sivula, 2016). 38 In case an asylum seeker’s identity or travel route to Finland is unclear they are forwarded to a detention unit in the Metsälä region in Helsinki where they cannot leave until the situation is sorted out (Finnish Immigration Service , 2016). At the beginning of February, Finland had two hundred and twenty-two reception centers (Wikipedia®, 2016), of which one hundred and forty-six were regular centers, and seventy-six were special housing units for unaccompanied minors between sixteen and seventeen years old (Finnish Immigration Service , 2016). 5.2.1.2 Asylum centre management In principle the reception centers are a responsibility of Migri, the Finnish Immigration Service, which provides the resources necessary to open and maintain the reception centers (Sivula, 2016). Moreover, Migri delegates the task of setting and running the reception centers to a third party. The main parties running the centers are the Finnish Red Cross (one hundred and eight), Luona (seven), the Finnish municipalities (one hundred and six) and the Finnish state (one) (Wikipedia®, 2016). 5.2.1.3 Asylum centres distribution Due to the lack of available information and the closing of forty-three centers in 2016, it was difficult to sort out the distribution of those 222 centers among the four different parties mentioned above. Nevertheless, with the data available for November 2015 and the interviews with the red cross, Luona and Migri, it was possible to get an approximate estimation of the distribution. The result can be seen in table 2. Municipalities 48% SPR 49% SPR Luona 3% Luona Municipalities Table 2: Finnish Asylum Center Management, (Source: Authors, 2016) Luona had seven centers during interview (April 2016), and now it has eight centers (May 2016) (Konttinen, 2016). Luona Oy is a private company that provides social services, residential solutions and health care to both private customers and the state of Finland (Luona Oy, 2016). Their specialty is life and crisis management, accommodation for 39 elderly, rehabilitee patients, homeless and now the asylum seekers. Regarding the asylum seekers, the role of Luona is both to manage the asylum centers and to implement an integration plan for the refugees for the next ten years together with the Finnish government (Luona Oy, 2016). Luona is part of the Barona Group, which is the biggest Human Resources Company in Finland. Forenom Accommodation Services (Majoituspalvelu Forenom Oy) is also part of Barona Group. These three connections were strategic for Migri when selection Luona to manage their reception centers. In practice these connections work as follows: Luona procures accommodation solutions from Forenom, while Barona is developing a strategy on the employment of the asylum seekers and refugees (Sivula, 2016). Municipalities: Twelve municipalities and one city are running the reception centers in Finland (Wikipedia®, 2016). These are: 1. Helsinki 8. Oravais 2. Joutseno 9. Oulu 3. Jyväskylä 10. Suonenjoki 4. Kajaani 11. Siilinjärvi 5. Lappajärvi 12. Vaasa (City) 6. Kotka 13. Viitasaari 7. Merikarvia Figure 17: Reception center locations in Finland (Source: Wikipedia®, 2016) Provided Services 5.2.2.1 Facilities Reception center facilities come from various sources, including office buildings, inactive hospitals, school or apartment buildings. The biggest center can support seven hundred inhabitants (Kaukiainen, 2016). The procurement procedure of the facilities depends on the institution that is managing the centers. 40 Red Cross and Municipalities have access to inactive public facilities like schools, hospitals and retirement houses and can easily transform them into reception centers. In fact, this solution proved to be more efficient than office buildings, because the structures were already designed to support living-in conditions and therefore were requiring less time and capital for setting up a center (Kaukiainen, 2016). Luona procures accommodation solutions from Forenom, who provides the buildings to the asylum centers. Forenom utilizes their own buildings as well as buildings owned by private owners or building companies. Forenom then furnishes the facilities and takes care of maintenance and cleaning. The selection is like any other procurement search, where landlords send their offers and Forenom compares prices and makes an evaluation whether or not the building is suitable for living-in. Next the price is negotiated and insurance and other services organized. Finally, the deal is closed (Määttä, 2016). Migri is responsible for financing all aspects of the asylum seeker logistics, including transport, accommodation, supplies, security measures and extra expenses. Regarding the reception centers, Migri and the institution in charge agree on a budget that covers the whole package. Extra costs are subject to negotiations. Both the Red Cross and Luona are not financed through donation or charity (Määttä, 2016). 5.2.2.2 Food provisions When dealing with humanitarian logistics, the food provisions has proved to be the most critical issue. The provisioning varies according to the asylum center structure. So far, there has been five ways of supplying food (Sivula, 2016): 1) If the center does not have a kitchen: a. Asylum seekers are given an allowance of approximately 340 euros to buy their own food; b. The center hires a catering service; c. If the asylum center is an office building and has a restaurant, the restaurant services are hired. 2) If the center has a kitchen: a. The center can provide the ingredients and the asylum seekers cook themselves; b. The center can provide the ingredients and hire a chef. Food is bought from a large wholesaler. Catering services are selected by price and capacity to cook for a large number of people. Chefs are selected via normal recruiting process (Sivula, 2016). 5.2.2.3 Staff Upon the beginning of the crisis, Luona had only five employees. Today they have three hundred (Sivula, 2016). Likewise, the Red Cross hired three hundred and thiry people to 41 run the reception centers (Kaukiainen, 2016). The job positions include: asylum center director, manager, assistant, receptionist, security, chef, coaching, nurse, cleaner and others. Volunteers are employed in different ways by the Red Cross and Luona. The Red Cross has a more active role on the daily services (kitchen and cleaning), and in establishing reception centers in autumn 2015 (Kaukiainen, 2016). On the other hand, Luona does not recruit volunteers as they usually come by their own initiative. Their centers were designed not to depend on volunteer labor force, nevertheless there are over one hundred of them coming every week. Each volunteer is allowed one hour visit per week to offer training and leisure activities (Sivula, 2016). 5.2.2.4 Cleaning The cleaning of the centers is done daily. The Red Cross has their own cleaning staff while Luona hires the cleaning services from Forenom, that has its own cleaning team. In addition, the asylum seekers receive training at the centers on basic daily duties like cleaning but they have a free choice to help in the centers’ maintenance. Those who are actively helping at the centers have their work recognized and may benefit from job opportunities in the future (Määttä, 2016). 5.2.2.5 Clothing The severe weather conditions make clothing a key aspect of human logistics in Finland. Nevertheless, it has been the least of the problems due to a great amount of clothing donations and the fact that the majority of the asylum seekers in Finland come from Iraq, which is a relatively wealthy country, so most brought their clothes with them or can afford to buy new ones. A part of the monthly allowance given for those asylum seekers in need, ninety euros directed for clothing (Sivula, 2016). 5.2.2.6 Security Services The reception centers procure security services from other companies. Further details will be described at the Contingency Planning and Security section. 5.2.2.7 Social Services In Finland, the social services, are normally provided by the municipalities. Each citizen has an own home-municipality in which they are registered. Since asylum seekers are not considered residents in Finland, and therefore do not have a home-municipalities (Kaukiainen 2016), the reception centers are in charge of offering social services for them. The social services are mandatory by law. The social workers can be the center’s own staff, hired from a third party service or volunteers. The service comprehends guidance and translation through bureaucratic processes, counseling on social problems, enabling performance abilities and well-being (The Finnish immigration service) as well as mental health care. Furthermore, counsellors help the refugees to find their own apartments (Auramo Reception center, 2016). 42 The social services are an important part of the asylum seekers’s integration into a different country, with different rules and language. This helps them to become a part of the Finnish social system as independent citizens in the future (Migri, 2016). Sometimes social services are not enough to deal with asylum seekers’ frustrations and the anxiety caused by the long waiting. In those cases the health care services may step in. Other issues considering social services are mostly related to limited amount of resources and time (Migri, 2016). Asylum seekers are entitled to translation services to help with their decision process, legal questions and other tasks. (Migri, 2016.) Finding the professionals who can speak the required language can problematic for the reception centers. 5.2.2.8 Occupational and Educational Services An integration plan is being designed by the government together with Luona social services, the Red Cross and Barona HR. The plan seeks to fully integrate the accepted refugees in the country via work and education in a period of ten years (Sivula, 2016). The project is still on a planning stage but it envisions basic education, professional training and recruiting. Luona is offering the basic training on everyday activities, Finnish customs and education (Sivula, 2016). The Red Cross is developing an internship program to enable the refugees to enter the job market. Barona HR is providing the means for refugee recruitment (Pitkälä, 2016) and the Finnish government is covering salary expenses for the refugees recruited on behalf of the companies (Sivula, 2016). At the moment the asylum seekers have the possibility to work even before the asylum decision. If their documents are in order they can start working three months after their arrival, and if not, they will be able to work after six months. While the centers are providing training on daily tasks, the volunteers are offering learning and recreational activities like language courses. Although asylum seekers can look for work, the opening of bank account is quite difficult. The work permit costs 20 euros and it can be paid in cash only at a bank. The bank branches that provide cash services are very rare nowadays. 5.2.2.9 Health Care In Finland, health service is free and provided to the citizens by the municipality in which they are registered. As previously mentioned, the asylum seekers are not yet considered residents until a legal decision made restrict their access to public hospitals, therefore the asylum centers hire the health services from private clinics. Each center has their own nurse for the initial check-ups. In case that of serious treatment is required, the patient is sent to a private clinic. If contagious diseases are identified, residents are allocated to a different facility to prevent the spread of infections (The City of Helsinki, 2016). 43 5.2.2.10 Allowance Reception allowance is granted to asylum seekers so they can financially manage to support their everyday life. Reception allowance is not a solid fund and the amount of allowance varies. Persons own wealth and income is one contributing factor. The biggest thing that affects the amount of allowance is food. If the reception center offers food services, then the allowance is significantly smaller. Other factors that are taken into account are person’s age and family situation. Detailed amounts of reception allowance can be found on table 3. The basic component of the monthly reception allowance No meal service Meals at reception center A single parent, living alone Other persons over 18 years A child who lives with his or her family An unaccompanied minor under 16 years An unaccompanied minor between 16 and 17 years 314,91 € 266,04 € 200,89 € 92,30 € 76,01 € 59,72 € 27,15 € 48,86 € Table 3: Asylum seeker allowance (Source: Migri, 2016) Transportation of asylum seekers Reception centers require logistics to be able to operate their actions. However, the different phases of operating the reception centers need very different kind of logistics. For example, logistics concerning the establishing of a new reception center and logistics concerning the operating of reception centers with residents are very different. Guideline for reception centers is that most of the logistics are outsourced to some logistics company. Some small self-handled delivery traffic exists so the life in reception center could be run smoothly. In the establishing stage, the opening reception center needs to organize transportation for housing furniture, office furniture and sometimes also building material. This need of transportation varies between different locations. For example, the Finnish Red Cross has established reception centers in places where these furniture and facilities have been more or less ready. The situation is very different if reception centers that have been established in old offices for example. These bigger-scale logistics are systematically outsourced to logistics companies (Kaukiainen 2016.). Logistically, the best location for a new reception center would be in a facility that is originally built for accommodation purposes. In the reception centers that have food catering, a cook prepares meals for tenants. In this situation the food supply logistics are required. A good example of efficient solutions is the Finnish Red Cross Auramo reception center. There is a lunch restaurant in the same facility, so the center has a deal that the restaurant provides catering services and takes care of everything food related. Then there are places where the food is not an arranged service, so the asylum seekers cook their own meals. 44 Other quite big cause of traffic is donations. People have donated a lot of things to reception centers. Clothes have been very popular items to donate and it has caused big challenges to Red Cross. Red Cross had to find a new facility just to do the sorting and qualifying of the clothes. Also Luona Oy has received donated clothes and there has been an oversupply in there as well (Sivula 2016). People also donate other things like sofas, chairs and tables and even TVs. However, donators usually do not want to do the deliveries themselves. Red Cross reception centers have some delivery cars for the purpose to gather donated items from the nearby area. Donators are still encouraged to do the deliveries themselves. (Kaukiainen 2016.) Reception center logistics also include the transport of people, this being to police hearings and personal commuting for example. This is in asylum seekers own hands. Asylum seekers get guidance on how to use public transportation system and also help with the navigation. Some centers provide a few bicycles for the tenants. Other centers are located further away and there is no public transportation or it is very poor. In these cases, the center can arrange some customer traffic for asylum seekers for a small fee. Transportation is also required for the bed linen and other supply that reception center needs. Overall, the transportation is mostly outsourced to logistics companies but some small delivery is arranged by the reception centers themselves. The establishing phase and operating phase logistics are similarly arranged although the logistics are different. Transportation is mainly in the hands of logistics professionals or regarding personal movement, on the asylum seekers own hands Contingency planning Safety in the reception centers can be regarded as security or contingency measures. The former is present on the every-day life of the centers, and the latter are strategic measures for emergency situations. Security measures consist of sorting asylum seekers in most suitable locations according to family situation: families, unaccompanied children and minors, gender etc., and entry control, meaning that only identified and allowed individuals have access to the centers via identification cards or pre-booked visits. Residents at the centers are free to come and go as they please as the reception center is their home. However, there are common rules to keep order in the place, such as silence between the hours ten pm and six am. Security services cover the reception personnel, security personnel, camera system, fire alarm system, fire doors, locks and door code systems (Sivula, 2016). In case of an emergency, Luona and the Red Cross have a list of landlords that are ready to provide new buildings. The shortest time for setting up a center was eight hours and two days respectively. The government has also procured extra barracks that should be enough to accommodate a very large number of asylum seekers in case of a sudden big influx (Sivula, 2016). During an interview, Jaakko Ihalainen, the Rental Manager at Forenom, was able to identify four types of insurance used in the Finnish real estate market. Out of these four, three are relevant to the refugee logistics studies. The insurances vary according to the liability (Ihalainen, 2016) as shown below: 45 1) Building Insurance - Provided by the landlord. The building belongs to a company owned by a landlord. This company buys full coverage service (Täushario). Every building in Finland has this insurance. It covers any accidental damages in the building that might affect the tenants (Ihalainen, 2016). Insurance terms: Liability: responsibility is on the building company. What is covered: building and system (any physical damages, accidents, e.g. pipe damages) - Not covered: other issues like unpaid rent. 2) Responsibility Insurance – Provided by the real Estate Company (Forenom). Insurance terms: Liability: 50/50 - Forenom takes responsibility for accidental damages only. Nonaccidental damages must be covered by the person/company who caused the damage. E.g. leaving the tap open and flooding the apartment, causing damage to the neighbour’s apartment. In this case, the damage was caused by customer’s negligence and the customer must cover the costs of repairing the damage (Ihalainen, 2016). What is covered: accidental damages caused by: Forenom’s employees Forenom’s tenants Not covered: damage for negligence. 3) Reception center’s Insurance: Golden Contracts Is the same Responsibility Insurance used by Forenom but it is called it golden contract because Forenom takes care of all income losses for their landlords. E.g. if the residents of the reception center are sloppy and cause damage to the building, Forenom takes care of fixing it and covers all the costs incurred on behalf of their landlords. That is made possible because Migri re-funds Forenom for damages caused by asylum seekers (Ihalainen, 2016). Insurance terms: Liability: one hundred percent covered by Forenom What is covered: accidental damages, broken furniture, maintenance, problem solving, covering income loss The insurance type used vary in each reception center. There are different types of landlords providing the building and different types of insurance being used as some building companies prefer using their own building insurance (Ihalainen, 2016). 46 6 Logistical Aspects after the Acceptance of the Asylum Application Aavik Aneken, Kast Christian, Altin Benjamin, Barachino Helena, Zieder Amelie 6.1 Germany Asylum Process In Germany, the BAMF (Bundesamt für Migration und Flüchtlinge - Federal office for migration and refugees) is officially in charge for the acceptance or denial of an asylum application. The process consists of an interview of the asylum seeker, and a criteria catalogue needs to be fulfilled. The applications’ processing time is sorted by the application’s date, not the urgency or country of origin. During the interview the asylum seeker is required to explain the reason for leaving his/her own place of origin and the reason behind the arrival in Germany. If the reasons explained in the interview are plausible and other criteria are fulfilled, the asylum will be granted. The next steps will involve the asylum seeker being integrated into a municipality. The time of the asylum application process in Germany is highly dependent on the federal state. In 2015 the time has decreased to five point three months on average. With regard to the process time the Saarland office is well positioned in comparison with the German federal states and can therefore be seen as a role model. In Saarland region the processing time was three point six months in 2015 (Tagesschau, 2015). However, the Saarland BAMF pursues the goal of completing the application for asylum within 2 days in the near future. At the moment the processing time requires 2-3 weeks, a significant improvement since 2015. There are many reasons for the long duration of the procedure. The BAMF is mainly dealing with the asylum seeker’s country of origin and the federal states in which they are sent. For asylum seekers originating from Syria and Northern Iraq it is possible to shorten the asylum procedure (Interview Dr. Hoffmann, 13.04.2016). Generally the asylum seeker has to file his application in person at a branch office of the BAMF. In the Saarland region the office responsible for it is Lebach. In regards to this appointment the department invites a language mediator in order to avoid language barriers. During the application process the asylum seeker is informed about his rights and obligations regarding the asylum procedure. The most important information regarding the asylum procedure are handed over in the asylum seeker’s mother tongue. BAMF’s duty is to open a file containing the asylum seekers’ personal data. All asylum seekers who have reached the age of fourteen are registered by fingerprints and photographs. These measures can determine whether the asylum seeker had previously stayed in Germany (under a different name) and whether another European State is responsible for the application procedure. The following figure (taken in the BAMF branch in Lebach) shows the questionnaire that asylum seekers have to fill in order to apply for asylum: 47 Figure 18: Asylum Seeker’s Questionnaire (Source: BAMF) After the application process the asylum seeker is given an identity document allowing the residence in Germany. Such document must always be carried and be shown to the police in case of an identity check. With each application the following rights are proposed automatically on the basis of the Asylum Procedure Act (Asylverfahrensgesetz – AsylVfG): • • • • International protection (§1 section one, number two) Refugee protection (§3 section one) Subsidiary Protection (§4 section one) Eligibility for asylum (article 16a, section one Constitutional Law) If the purpose of international protection and the recognition as entitlement to asylum are ruled out, the BAMF decides whether there are prohibitions of deportation according to the residence law (§60 sectionfive or section seven AufenthG). In case Germany is the responsible country in terms of examining the case, the asylum seeker is asked about his personal reasons to flee. The interview is carried out by an employee of the federal office. The decision on the asylum application is issued in writing in form of a notice from the federal office. The decision contains a declaration and is delivered with directives concerning the law. Regarding the application’s decision the individual fate is decisive. If the authority deciding on the application requires more information regarding the asylum seeker for further investigations, the information center for asylum and migration can provide the required data. This departments makes an extensive database available (MILo). Furthermore the European Asylum Support Office (EASO) provides a large amount of information regarding the decision on asylum. In terms of examination of 48 documents and pieces of evidence the decision makers can fall back on the following data: language and text analysis, medical and other reports, contact persons of the federal foreign office and employees of the federal office that is deployed abroad. With regard to the decision, there are different possibilities in the decision-making process, which imply different consequences. These possibilities are listed in the table below: Decision Residence Permit and Duration Settlement Permit Allocating of the refugee status (§3 AsylVfG) Residence permit for three years Settlement permit is granted after three years, if there was no written cancellation Allocation of subsidiary protection (§4 AsylVfG) Residence permit for one year Extension for two years possible Settlement permit is granted after seven years Determination of a prohibition of deportation (§60 section five and seven AufenthG) Residence permit for at least one year Settlement permit is granted after seven years Table 4: Different Possibilities on Asylum’s Decision (Source: BAMF, 2014) In case of no preconditions for the all protection classes, the asylum seeker will receive a negative decision including the request for leaving the country and the threat of deportation (BAMF, 2014). More information on this can be found in the section “Rejected Asylum Application” of this chapter. Landesverwaltung Saarland The state Saarland is one of the smallest states in Germany. In order to allocate the asylum seekers among the different states in a fair manner during the refugees’ crisis, the “Königsteiner Schlüssel” was defined Glossar BAMF (Königsteiner Schlüssel, 21.04.2016). According to the Königsteiner, Saarland receives around one point two percent of all asylum seekers coming to Germany. Since October 2013, 26,000 asylum seekers came to Saarland, half of them were relocated into different states due to the Königsteiner Key (Hoffmann, 2016). Preliminary Decisions To diminish the number of asylum seekers in the reception centers, the BAMF makes preliminary decisions on the asylum seekers that can be integrated immediately. Those are asylum seekers with better possibilities to stay in Germany. The criteria for the immediate integration is simply the country of origin and the safety of the country of origin. Although these countries are listed, this list is continuously altered and not 49 standardized for all Europe (Glitz, 28.01.2016). As Syria is a war zone at the moment, Syrian asylum seekers fall under the criteria “origin - unsafe country” and are always accepted (Hoffmann, 2016). A country can be designated as a safe country if it is capable of proving that the inhabitants do not have to be afraid of persecution and that the state itself intends to protect the public against non-governmental persecution. This means that a legislation is existing in order to protect the population, that it is accessible for everyone and that it is applied at the same time. If a country is classified as a safe country, the legal presumption is that there is no risk of persecution. In Germany the following countries are regarded as safe countries: - EU member states Albania Bosnia and Herzegovina Ghana Kosovo Macedonia Montenegro Senegal Serbia If the BAMF receives a request from a person originating from one of these countries, the asylum seeker gets the opportunity to produce evidence justifying that he or she is faced persecution in the country of origin. But if this material is not sufficient, the application for asylum is rejected (BAMF, 2016b). Allocations into Regional Associations After an asylum seek is granted, the asylum seekers will get integrated into the municipality, if they are not already integrated. The BAMF informs the reception center, so that the responsible workers there can inform the next proper authority. This will either be the capital of the state (in this case Saarbrücken) or one of the regional associations. In total there are six regional associations. The amount of asylum seekers a party will take is also determined through the “Königsteiner Schlüssel” (Saarländische Aufenthaltsverordnung, 21.04.216). Since October 2013, the region of Saarland provided 2.260 asylum seekers with apartments and houses in the regional federation Saarbrücken, and a similar number only in the state capital (Schaumlöffel and Benedyczuk, 2016). Whether the regional associations or the state capital will accommodate people, the process is fundamentally the same. Integration into Municipalities The granted asylum seekers will be accommodated into different municipalities. Factors for a fair allocation are the size of the municipality in terms of inhabitants and area, and the household budget of the town or city financed by taxes (Infomappe Gemeinde Quierschied, 2015). 50 Housing The municipality will provide houses or apartments that are either owned by the municipality itself or will rent houses or apartments located in the city and the catchment area. The apartments need to be habitable (heating and a functional water connection) and must not exceed a certain budget, which is individually defined by the financial possibilities of every municipality (Preiser, 2016). It is also possible that the asylum seekers have a direct tenancy agreement with the tenant. However such method is not recommended due to high fluctuation of migrants within the states (Infomappe Gemeinde Quierschied, 2015). After the asylum seekers are integrated into municipalities, they are required to contact and register at the job-centre, so that they would receive social benefits until they will be able to start working. Social benefits are granted according to family status and legal age (Grundleistung nach dem Urteil des BverfG, 2012). Therefore it is also mandatory for the asylum seekers to open a bank account in Germany. In order to do so, a temporary resident permit and a registration card is needed (Infomappe “Wegweiser durch die Behörden”, 2015). Once an apartment is found the municipality furnishes it with voluntary donated or with newly bought furniture, or both. The tenancy agreements are usually made between the municipality and the house owners and are held until the tenants begin to work and do not need social benefits any longer, or will move to another municipality or state. Associated costs such as electricity will require an additional contract with the power supplier. Such contracts are agreed between the municipality and the supplier. Other services such as internet connection are not provided by the municipality, and contracts with such service providers need to be made autonomously by the asylum seekers and payed with the social benefits they receive monthly (Preiser, 2016). Financing The obligation for costs of admission and accommodation for asylum seekers relies within each of the sixteen German federal states. The costs that arise with the integration and housing for the municipalities will be compensated by the state with a lump sum. This sum is made by the very individual costs for each accommodation and needed services. In principle it is set that around fifteen to thirty percent of the costs need to be covered by the municipality, while the rest will be refunded by the state (Infomappe Gemeinde Quierschied, 2015). Services after Integration 6.1.8.1 Health care In Germany there is a governmental health insurance that provides for every citizen, as long as they do not have their own private insurance. The costs are partly covered by the employer, partly by the employees that are living in Germany (“Die Gesetzliche Krankenversicherung im Überblick, 2016). Since the asylum seekers do not partake in these payments, the government is very strict on who will be able to see a doctor (Preiser, 2016). Thus far it is defined that every asylum seekers is entitled to one health 51 insurance certificate per calendar quarter from the social welfare office (“Krank im Asyl”, 2015). As long as there is no emergency - like a severe infection (flu etc.), people seeking asylum have to get audited by a medical health officer, to diminish unnecessary costs for the municipality (Preiser, 2016). Figure 19: Example for an insurance certificate (Source: Infos23, 2016) 6.1.8.2 Language Courses It is mandatory for every granted asylum-seeker to take so called “Integration-courses”. The course provider gets three point one euros for each participant. The participant needs to personally contribute one point fifty-five euros per lesson. That makes a total of 1023 euros for six hundred and sixty lessons - average (BAMF, 2016b). These courses include language-courses that are designed to train German language skills in the work field, child care, shopping, leisure and social contact, health and hygiene as well as the usage of media and living. The language course contains of a minimum of six hundred to a maximum of nine hundred hours depending on the progress of the student. Furthermore the integration courses contains an “Orientation-Course” that teaches the students about the legal system, history and culture of Germany, types of cohabitation, rights, obligations and values in Germany. Before the course the asylum seeker will need to do an assessment test to identify his/her own learning level. At the end of the course every participant will need to do a free-of-charge final examination (BAMF, 2013). 6.1.8.3 Voluntary Work and Integration Organizations In order to meet the individual needs of the people that fled from their homes to find themselves in an environment extremely different from their home country, there are plenty of support-organizations, such as the ILO (“Integrationslotsen”). Those are individuals who are helping with a first orientation after integration into the municipality like necessary authority ways, signing into schools, kindergartens and integration courses. The ILO’s therefore should be seen as a “close associate” who becomes 52 familiar with the asylum seeker through helping out with administrative tasks and through the findings of the asylum seekers’ talents and skills in order to integrate them into worklife more rapidly. The learnt competencies are informed either to the MBE (Migrationsberatung für Erwachsene) or the JMD (Jugendmigrationsdienst), depending on the age of the asylum seekers (Infomappe Gemeinde Quierschied, 2015). The MBE is an organization that concentrates on the needs of adult asylum seekers (people that are twenty-seven years old or more). The organization’s service can be provided up to three years, depending on the individual. The JME is part of the federal youth care and provides for people between the age of twelve and twenty-seven. The LIB (Landesintegrationsbegleitung), is an organization that works with people who migrated a longer time ago and still have problems to get integrated properly, may it be language difficulties, work etc. (Infomappe Gemeinde Quierschied, 2015). 6.1.8.4 Volunteers Volunteers have a crucial role in the handling of the asylum seekers’ flow. Starting from support and care during the integration process in the form of language courses and accompaniment to official businesses, to donations of money, clothes, food and furniture, the volunteers are seen as a very important entity (Infomappe Gemeinde Quierschied 2015). There are also semi-professionals who can provide more intensive support, like translators, voluntary paramedics, midwives or firefighters, or nursery school teachers that are needed at the refugee camp and organized by the state administration office (Hoffmann, 2016). For the reason that the situation in the refugee camps and later on during the integration process can vary from person to person, one cannot foresee the need and possibility for participation of volunteers - who are appointed spontaneously. In general, every voluntary participation is appreciated and can be done by everyone. Small tasks such as transport services to doctors, groceries or authorities, integration into the neighborhood or clubs, or support during the language learning, can be done by anyone (Infomappe Gemeinde Quierschied, 2015). 6.1.8.5 Working asylum seekers In principle asylum seekers are not allowed to work for the first three months after their arrival. Excluded from this rule are internships in exceptional cases. Charitable work is always excluded from this rule (Infomappe Gemeinde Quierschied, 2015). To be able to work, asylum seekers need to be registered at the German job-center. This becomes mandatory when integrated into a municipality, which implies that the asylum seeker has prospects to remain in the country (Infosheet Arbeitslosengeld II, 2016). Asylum seekers coming from safe countries, like Albania, Ghana or Serbia need to live in the refugee camps for the whole asylum process and are therefore not allowed to work (Zugang zum Arbeitsmarkt, 2016). The organization SABENE helps to identify and to foster talents, skills and former trainings of asylum seekers, in order to make possible for them to do the same job in Germany that they did in their home country (Akteure Sabene, 2016, Hoffmann, 2016). 53 Rejected Asylum Application If the application for asylum is rejected by the BAMF, the person seeking asylum receives a letter containing a request to leave the country and an announcement of deportation if he does not follow the arrangement. The asylum seeker will have usually thirty days to leave the country in order to avoid deportation (BAMF, 2016b). Hereby, the term “Deportation” refers to the transport of the party under obligation from the accommodation to the airport or the border crossing point. The asylum seeker has the right to take action against the decision by appealing to the administrative court. The appeal must be submitted within two weeks, in some cases within one week. The court will then need to check the decision taken by the federal office. Another reason for a deportation order is the delinquency of an asylum seeker. If one commits a crime, there is a risk of being deported. In such case the authorities will decide on the deportation. Their decision depends on the criminal offence and the punishment. Essentially, an asylum applicant is deported if he is sentenced to more than three years imprisonment or if he had smuggled other immigrants into the country. In case of drugs offences or breach of the peace, already a period of imprisonment of two years are sufficient for being deported. Nevertheless, the authorities are also allowed to deport asylum seekers for some other reasons. The Federal Criminal Police Office and the police in the federal states have created an overview showing that asylum seekers display a delinquent behavior as often as comparative groups of the local population. The reasons for deportation are stated by the law called “AufenthG” (Aufenthaltsgesetz). One of the most important paragraphs for the deportation is §71 article five of this law. This paragraph states that the police in the federal states is responsible for executing the deportation and the enforcement of the obligation of leaving the country according to §12 article three AufenthG. Furthermore, it is the task of the police to arrest the asylum seekers and to propose the imprisonment. All issues explained in this chapter are based on § 13 (Application for Asylum) and § 14 (Application for Permit) of the AufenthG. This law and the information provided by the state chancellery can be read in the appendix under the name “Basic Knowledge Refugees”. The Procedure of the Deportation As already mentioned it is the responsibility of the police to deport the asylum seekers. In the following the simplified process of the deportation will be shown. After the beginning of the duty, the police officers prepare the upcoming deportation and they confer with the responsible department. The next step is the takeover of the person. There are several aspects that have to be considered such as observing the luggage limit, consultation with the accompanying doctor, etc. During the journey to the airport, the police officers have to ensure the asylum seekers’ wellbeing. This implicates continuous attention. At the airport, the officers hand the person over to the federal police force that is responsible for accompanying them through the processes at the airport. The police officers can be discharged as soon as the plane has departure. This is the ideal case. There is also the case that the asylum seeker is not willing to leave the country. In such case, the procedure will look as follows. Firstly, the federal police force informs the police 54 of the states that the asylum seeker had expressed his intention not to board the aircraft. As a consequence, the person is handed over to the police deportation group. The staff has to contact the administrative office (Landesverwaltungsamt) in order to discuss the further procedure. Next, a request for arrest has to be proposed for preventive detention in the Detention Center for people that are obligated to leave the country in Ingelheim (GfA). Furthermore, a demonstration date for an oral hearing has to be arranged by the administrative office before the responsible local court. If the imprisonment is not issued, the asylum seeker is brought back to the area where he was registered. Before the asylum seeker is detained, he has to undergo an investigation in order to figure out if he is able to be taken in custody. Afterwards, an application for membership (Aufnahmeersuchen) has to be made to the Detention Center by the administrative office. Once this is done, the person is taken to the local court in Frankfurt, the preventive detention is issued by the competent judge and the asylum seeker is handed over to the GfA in Ingelheim. As last option, the person has to leave towards his country of origin. This procedure refers to the flow chart of the police that can be found in the annex of the assignment. Voluntary Return Even though asylum seekers have to travel a very long way towards Western Europe they sometimes decide to return to their country of origin. In the following the reasons for the return and the support of the institutions will be explained. These results are based on a study of the BAMF called “Rückkehr aus Deutschland”. It was conducted in 2006 and discusses topics as approaches, outcomes and shortcomings concerning the realization of the voluntary return in Germany. In the study the term “voluntary return” is defined as a return to the country of origin under a volunteer’s decision to terminate the use of professional support. Reasons for a Voluntary Return The right to leave the country voluntarily is an essential element of an asylum seeker policy that respects the human rights. The financial support is an important tool in order to reduce hardening within the framework of the return process. Furthermore, asylum seekers tend to leave the country voluntarily in order to avoid the compulsory deportation. As a result, administrative costs can be reduced and other aspects such as possible benefits for the countries of origin can be considered. There are different reasons why asylum seekers decide to go back to their countries of origin. According to the neoclassical approach, the asylum seekers adhere to the principle of the cost and benefit considerations. They decide to leave the adopted country if the aims of migrations such as improving of the recipient’s income, the increase of the human capital or a permanent residence permit could not be achieved. So, this reason for fleeing the country is due to a failed migration project. Another approach is the “New Economics of Labour Migration”. This means that the migrant wants to leave the country even though he could achieve the above mentioned aims. There is however the problem that the motivation is just reduced to economic factors. The social context is not satisfied. Furthermore, the asylum seekers prefer spending their life in the country of origin or to invest the acquired capital and to apply the newly acquired knowledge. 55 It has to be acknowledged that the right of residence expires if the foreigner leaves the country and does not come back within six months according to the law concerning asylum seekers (§51 article 1 AufenthG). But this is not applicable to asylum seekers that do not have a permit of residence. Assistance for a Voluntary Return In case that asylum seekers decide to return to their country of origin, they can expect support of several institutions (BAMF, 2006). An example for a humanitarian aid program is the REAG (Reintegration and Emigration Program for Asylum Seekers in Germany) and the GARP (Government Assisted Repatriation Program). These international organizations offer financial and operational support for migrants that decide to go back to their country of origin or to continue the journey on a voluntary basis. The authorized group of persons that can make use of the program are rejected asylum seekers, war/ civil war asylum seekers and other foreigners that have to leave the country. Within the framework of the REAG/GARP program the financial support has to be applied by local and regional authorities, welfare organizations, counselling center and the high commissioner for asylum seekers of the United Nations (UNHCR). In Germany there are about two thoudand institutions supporting the asylum seekers in case of a return. Figure 20: Graphical Summary of Chapter 5 (Source: Authors, 2016) The following support can be granted (Internationale Organisation für Migration 2016): • Absorption of travel expenses (airplane, bus or train) • Payment of an additional travel grant two hundred and fifty euros per car • Unique start-up support for asylum seekers from migration policy relevant countries two hundred euros per adult, one hundred euros per child (up to the age of twelve) 56 There is no entitlement to the service of the REAG/GARP program and other supporting programs/organizations, as the service is provided on a voluntary basis. Furthermore, the support is granted only once to a person. In the case of a re-entry, the services paid have to be reimbursed. Since the introduction of the program in 1979, more than a half million of people were financially supported in terms of a voluntary return to their country of origin. Thereby, the arising costs are covered by the European Union, the Federal Ministry of the Interior and the German States (Internationale Organisation für Migration 2016 2). However, only the minority of asylum seekers that have been granted asylum aims to return to the country of origin. Within the framework of a study conducted by the BAMF, 2800 accepted asylum seekers and recognized asylum seekers were interviewed and eighty-four point seven percent stated that they would strive to stay in Germany forever, while seventy-nine point eight percent of them indicated that their intention is to receive German Citizenship (Haltaufderheide 2016). 6.2 Finland Asylum Process In Finland, The Finnish Immigration Service (MIGRI) determines whether an asylum seeker is a refugee when it makes a decision on his/her application. Asylum status is granted to those who are given asylum or accepted by Finland under the refugee quota. Furthermore an asylum seeker can obtain a residence permit on the basis of subsidiary protection or humanitarian protection. However a refugee status will not be granted in such case (Finnish Immigration Service, 2016). According to the Immigration authorities, from 16th of May 2016, this type of protection will no longer exist due to an amendment of the Aliens Act. Due to the amendment to the Aliens Act, other grounds need to be satisfied in order to receive extended permit. This grounds include: studies, working, selfemployment and family ties in Finland. However, the amendment to the Act does not have any influence on the validity of residence permits that have already been granted (Finnish Immigration Service, 2016). An individual may seek asylum if there is a well-founded fear of being persecuted in the home country. One must travel to Finland to apply for asylum. When arriving to Finland, it is necessary to inform the border control authorities or the police as soon as possible. The authority receiving asylum application will register the applier´s basic details, takes fingerprints and photos and checks the necessary registers. Application is placed in a queue at the Finnish Immigration Service (Migri, 2016). Applicants are placed in a reception centre where they will live during while waiting for their asylum interview. An application will not be processed in Finland if there is already the right of residence in another safe country, or if another country is responsible for examining the applications under the EU Dublin Regulation. The Finnish Immigration Service will let applicants know as soon as possible when their asylum interview will be held. The applicant does not need to contact the authorities to enquire about their asylum interview (Migri, 2016). During the asylum interview, the Finnish Immigration Service will first establish the applicant´s identity and travel route and decides whether the application can be 57 processed in Finland. At the asylum interview truth must be told regarding the reasons for seeking asylum in extremely accurate details. In order to prove that an applicant is truthful, all possible evidence must be brought. Asylum seekers can use an interpreter and have a legal counsel at the interview. The Finnish Immigration service will provide an interpreter if necessary. The Finnish Immigration Service examines whether an applicant can be granted international protection or a residence permit on other grounds. The police will inform when a decision has been made and will invite the applicant to come and hear the decision. If international protection is granted, a residence permit card will be received. An asylum seeker can subsequently apply for a refugee travel document or an alien’s passport. If a negative decision on the application is received, it is still possible to appeal against the decision to an administrative court. If the staying in Finland is allowed, the applicant will be placed in a municipality. This means that there will be a place to live in a municipality as soon as a municipality can receive the person. If staying in Finland is not allowed, assisted voluntary return can be applied for. One may get assistance for returning home through the system of assisted voluntary return (Finnish Immigration Service, 2016) The Finnish Immigration Service usually processes applications for international protection according to the application’s date. However, there are a few exceptions. An application may be processed faster whether: - The application requires little investigation The applicant is seriously ill The applicant is pregnant The applicant is an unaccompanied asylum seeking minor There are other reasons that make the applicant´s situation especially vulnerable. Applications for international protection will be processed within either a normal or an accelerated procedure. The processing time can take up to six months after an asylum seeker has submitted the application. In case of delay the applicant will be informed of it. Upon request, information about the reasons for the delay and the expected processing time can be received. If one’s application is decided through an accelerated procedure, the decision will be issued within five months after the submitted application. After the decision has been made, residence permit cards are issued in about two weeks (Finnish Immigration Service, 2016). Process after obtaining a residence permit After the residence permit has been obtained, the refugee will move from the reception centre to their own apartment in their new home municipality. When the permit has been received, it is necessary to contact the staff of the reception centre without any delay. The reception centre will provide further information and instructions on the various practical arrangements that need to be arranged. The staff will help filling out the application for apartment and home municipality. Finding an apartment in the Helsinki area is quite time consuming and demanding, and can easily take several months. Asylum seekers are not usually able to find an apartment 58 themselves, as most of them do not speak English or Finnish. It is the reception centre’s responsibility to find a place for them in such case. After finding a place to stay, the asylum seeker will then be the customer of social services (Interview with Auramo Reception Centre, 2016). Official measures related to integration into society will be arranged within in the new home municipality. The deposit for the apartment is paid by the Ministry of Employment and Economy, who is furthermore responsible for conducting an integration program (Vuorio, 2016). Support Support after acceptance and after receiving a residence permit is provided by The Social Insurance Institution of Finland, the Kansaneläkelaitos (Kela). Asylum seekers will become eligible for Kela benefits once they have a residence permit and are considered to be living in Finland permanently. This requires them to have completed the reception program for asylum seekers. The cash reception allowance paid to asylum seekers is not provided by Kela. The range of persons who are considered to be moving to Finland permanently includes those who have been granted asylum. Persons who are granted a residence permit under the refugee quota are also considered to be moving to Finland permanently. Refugee families, like any other residents of Finland who are eligible for social security can get benefits from Kela. They may be eligible for child benefits, child home care allowance or housing allowance, as well as other benefits (Kela, 2016). Individual asylum seekers are also eligible for the same benefits that are available to anyone who is living in Finland permanently and covered by the Finnish Social security system. For example, if they are unable to find work immediately, they may be eligible for labour market subsidy. Another available support is the housing allowance. Kela pays a general housing allowance for costs related to housing. Housing allowance can be paid to one person or to a household. It can be at most eighty percent of housing costs. Twenty percent is always paid by the one who receives support (Kela, 2016). Voluntary Organizations As previously mentioned in Chapter 4, the integration process in Finland takes about ten years. In Finland, voluntary organizations such as the Red Cross provide support with the first steps of the integration process. Activities such as orientation services, visitor services, homework clubs and international clubs promote integration in a multicultural society. The language clubs offer supplement within the already existing courses provide by the Ministry of Employment. The Finnish Red Cross supports and aims to build a pluralistic society that condemns discrimination and racism, where tolerance is seen as a key factor to engage all actions and activities towards an efficient integration. Furthermore, the organization is encouraging other migrants living in Finland to be part of the Finnish Red Cross activities as volunteers. 59 Rejected applications and reasons When an asylum application is rejected for any reason, the applicant will either receive an announcement of deportation or a refusal of entry, depending on their status during the procedure. If an applicant is past the initial step, a rejection generally leads to the deportation process. If the applicant is still at the initial step of the application, or either he has committed criminal activity, smuggling or attempting to circumvent immigration laws more brazenly than usual, they are issued a refusal of entry without the usual grace period associated with the deportation process. In severe enough cases this can apply to the entire Schengen area. If the deportee does not comply within the thirty day grace period they will be issued an official refusal of entry to Finland as well as the rest of the Schengen area (Migri, 2016). Upon criminal activity, the court may decide on deportation instead of imprisonment or other such penalties. If a negative decision is issued to an applicant, he will have the right to a lawyer to help him appeal the decision, as well as an interpreter to overcome the language barrier. Reception centers cannot influence this decision beyond arranging for meetings with the asylum seeker. Oftentimes asylum seekers who have nowhere to go but are also not entitled to stay will stall for time with appealing their deportation, making use of the slow processing of these. Ultimately, once time’s up or the refugee feels the need to do so, they can also simply run off, which effectively makes them illegal immigrants and subject to immediate deportation on discovery (Migri, 2016). In 2015, the Finnish Immigration Service has made 7466 decisions on applications, of which 1879 have been approved. Between January and May 2016, the Finnish Immigration Service has already processed 7550 applications, of which 2019 were positive, according to the Migri statistics (Migri, 2016). Due to the high amount of applications to be processed, the Finnish Immigration Service was forced to employ more personnel to process the applications. The Migri office is currently processing around 500 application per week. However, over 21.000 applications are still pending and about 15.000 applicants are still waiting for the asylum interview. According to the Migri, asylum seekers who arrived in the autumn in 2015 will be interviewed in late summer of 2016 at the latest (YLE, 2016). In 2015, Finland was rejecting unaccompanied minors seeking asylum. According to the European Parliament’s advisory committee Cecilia Wilkström, the country could have been called in front of the European Court of Justice to respond of its actions against the Dublin Regulation. However, this rule does not apply for children arriving alone (YLE News, 2016). Finland has currently granted asylum to 195 underage applicants from a total of 3,201 since the starting of the crisis in the summer of 2015. This number equals the percentage of successful application of 6.09 percent (Yle News, 2016). The deportation process The process of deportation refers to the delivery of the refused applicant to a suitable airport or border crossing to return to their country of origin. The typical deportation decision issues a grace period of thirty days for an asylum seeker to make their preparation before having to leave the country. Deportation is assisted and supervised, 60 and it is funded by Migri. Inability to leave during the grace period will be met with an enforced removal from Finland and a refusal of entry. If the applicant can be proved against to have arrived from a safe country of asylum, or have an application that is blatantly attempting to abuse the system or obviously unfounded with anything to indicate an asylum request, a forced removal within a working week will take place instead. Deporting an applicant will cause any previously issued residence permit to become void. In addition to this, any grace period to deportation is nullified upon discovery of breach of immigration protocol, and a refusal of entry is issued (Migri, 2016). Voluntary return Should an asylum seeker be issued temporary protection in another country, a rejection of their residence permit application, withdraw said application, or be brought unwillingly into the country through for example human trafficking with no place to live, they may apply for assisted voluntary return to be funded to their country of origin. All applications for visas, alien’s passports, residence permits and the like must be withdrawn for the process to go through. Assisted voluntary return at this stage may only be applied for if necessary due to the above reasons, and if the returnee is reasonably unable to pay for it. Thee assistance is granted in cash or in-kind. The amount depends on the asylum seeker’s country of origin. Should one choose voluntary return within the deportation grace period of thirty days, further refusal of entry into the Schengen area will not be issued. Voluntary return assistance can include travel expenses, relocation costs and reintegration assistance in the asylum seeker’s home country, which are paid in cash. In-kind assistance (not cash but services, supplies or assistance) can include finding a job, starting a business, accessing education or training and finding accommodation. Inkind support is based on need and the availability, and is not available in all countries of return. To apply, an asylum seeker must submit an application in either a reception center (in case an asylum seekers is stationed in one) or to the Finnish Immigration Service. The amount of cash support granted, depending on the country of origin, varies between two hundred and one thousand euros for adults, and one hundred and six hundred euros for children. In kind support is worth one thousand five hundred euros for adults, of which two hundred euros is given in cash and seven hundred and fifty euros for children, of which one hundred euros is given in cash. Asylum seekers may be also granted with increased assistance depending on the asylum seeker’s age, injury, illness, family circumstances, other personal reasons, if one is a victim of human trafficking or is an underage child without a guardian. The maximum amount of increased assistance is one thousand five hundred euros for adults and seven hundred and fifty euros for children. In case an asylum seeker is intending to abuse the assistance system or if it is deemed one does not need the full assistance, decreased assistance is granted (F.I.S., 2016). During the first months of 2016, around 3000 asylum seekers have voluntary left Finland, according to the border authority. The number includes only the people who have left the 61 Schengen area from Helsinki airport, therefore the amount could be higher. The majority of the asylum seekers were from Iraq. According to Tobias van Treeck of the IOM, the returnees have stated that “family members have been experiencing difficulties” (YLE News, 2016). 62 7 Comparison and Conclusion In the previous chapters four five and six various logistical processes regarding the refugee crisis, from border control to integration and deportation processes have been described. In the current chapter these processes will be evaluated critically and put into a context regarding their relevancy in terms of support. The logistical aspects will not only be evaluated on how they render the processes and the throughput time faster or more efficient, but furthermore on how they add value to the whole process. In this process not only the cost/benefit and time savings are seen as important, but they will be also analyzed from a long-term perspective. The comparison of the logistical aspects this report endeavors to illustrate have to be viewed in the light of two demographically and culturally different EU countries which have been undermined by the unsustainability of the Dublin Regulation and the Eurozone instability, which has diminished the mutual trust between member states. 7.1 Distribution In Germany and Finland different ways of refugees’ distribution are used. The way it is now, we think, is the best. In Chapter four, the Königsteiner key was introduced. It is a system that has been used in Germany for research purposes and is currently utilized to distribute the asylum seekers into the different states in a fair manner. In fact, regarding the size of the country and the different economic power of each state, it is a high qualitative method of putting pressure (monetarily speaking) on each of them in a fair manner. This does not apply for Finland. Neither does this, or a similar process exist in the country, nor is it needed. Due to the reason that the country is significantly less populated if compared to Germany (Finland has the lowest population density in the EU). If such a system was adopted it would result in receptions centers being established in the far north or other less inhabited areas for the purpose of housing a small number of asylum seekers. Therefore, the German Königsteiner key system does not apply. The current method of sending the asylum seekers to “where there is a free place” seems to be the most functional one. Furthermore, the indebtedness or budget account of the different regions in Finland do not differ as much as they differ in German states. 7.2 Registration process and network In Germany, the process of registration of asylum seekers had major deficits, especially during the crisis. Due to data safety laws, the registration process had to be repeated for every institution that was involved in asylum seekers administration at one point. Finally, in 2016, a system was introduced that can be used by each party and has a common data basis. This improvement in the process took too long and was introduced too late. The change in the system should have been easier to alter right in the zenith of the crisis. 63 In Finland, such data safety laws, which would be a hindrance, do not exist and therefore it was allowed all along for all the institutions involved in the refugee crisis, to use the same databases. Finland was able to use an optimized registration of asylum seekers in the form of the Registration center. This center was set up in Tornio at the peak of the crises simply because most asylum seekers were entering the country through the Haparanda-Tornio border (Vuorio, 2016). This way the asylum seekers were registered immediately after arrival and then moved to the reception centers and the whole process was controlled by the authorities. Finland was able to set up the Registration center very quickly and it proved to be very useful during the influx. Unfortunately, in Germany the situation has not been the same as the asylum seekers have been arriving into the country by different routes and transport. Therefore, setting up a similar Registration center has not been possible. 7.3 Asylum process In Germany, another optimization of the process took place. Whereas the asylum processes generally took up to six months, the responsible parties wanted to shorten the process for people with high chances of staying in the country. As a result of the EASYsystem, of which the Königsteiner Key is part of, the asylum seekers are also distributed by their origin. Saarland has an estimation of around eighty to ninety percent Syrians. Syrian asylum seekers have a one hundred percent chance of staying, since their country is a war zone at the moment. The reception center Lebach managed to improve their asylum processes, so that now it takes two weeks. For asylum seekers from other countries, this system improvement does not apply. Also other criteria are neglected completely - the rule is first come first serve. In Finland, where a low percentage of asylum seekers are actually from Syria (the majority of the 2015 asylum seekers came from Iraq), the system focuses rather on other criteria such as illnesses of the asylum seeker or pregnancy, in short, how urgent it is to accelerate the process for individuals. Germany should also adapt to this process. Syria is seen as a war zone and unsafe country, which was put as priority in their list. However, this could create an unstable situation of discrimination for if these facts are neglected, racism could be assumed. Finland does not have a separate list of safe countries. Each asylum seeker’s application is dealt with on its own merits. Currently there are asylum seekers being accepted and rejected from all countries of the world (Harmonen, 2016). Germany has a shorter lead time for processing applications (five point three months on average, highly dependent from the federal state). Saarland region is seen as an example to follow, with an average application time of three point six months. In Finland the lead time is up to six months, which has been a reason of complaint for asylum seekers which have decided to endure voluntary return, as seen in the early 2016 with thousands of asylum seekers leaving the country. The Finnish Immigration Service office is currently processing around 500 applications per week. However, there are still thousands of asylum seekers waiting for their asylum interview to be conducted. Considering that most of them have been arriving in Finland in the autumn of 2015, this does not comply in accordance with the asylum process time. Never the less, Finland 64 has, due to the lowest population density and the small market, only a certain limited capacity, and it seems that the country has been receiving more asylum seekers that the country can actually take. Although reception centers have strived to accommodate efficiently thousands of asylum seekers, the processing of asylum applications seems not to be able to cope in a timely manner with the variable factors (asylum seekers’ flow). 7.4 Integration The average integration time in the Finnish society requires abound ten years, and it is not until the second generation that the integration process can be considered acceptable. Although some companies such as Luona are working in order to reduce the lead time, it is only until the second generation. In Finland the process of finding an apartment, especially in the capital area, is time consuming, and the reception centers have to spend time and effort in order to accommodate and integrate an asylum seeker as soon as the asylum has been granted. The majority of the asylum seekers prefer to live in the Helsinki area, due to better work opportunities and higher multiculturalism. One fourth of Finland belongs to the Arctic Circle, and severe winter weather conditions, especially in the Tornio area, have been reason of complaint from asylum seekers. The location and the territory, thus the environment, plays a crucial role in the logistical aspects of the asylum seekers flow within the country. The opening of a bank account in Finland as proposed in chapter four is rather difficult. Most of the Finnish banks do not open a bank account in case the person requesting it is unemployed, and most of the workplaces do not sign a contract with employees who do not have a bank account. This creates a significant bottleneck process that affects the integration process. The work permit that the asylum seekers are requested to have can be only paid in cash. As the Meltola reception center staff has suggested, this fee should be allowed to be paid for instance to the Red Cross. The staff also suggested a work/summer work voucher option. 7.5 Working capability While in Finland the military was able to conduct a “disaster preparedness”, it is forbidden in Germany to do so - the German military is only allowed to defend and operate along the borders, when they need to defend the border, as for example during war or when attacked. The only parties that would be able to conduct an emergency plan, are the parties involved in the processes of the refugee crisis. During the crisis this was a real struggle, yet some of the reception centers managed to improve their procedures - an example for this is the reception center in Lebach, which was able to implement a twoshift system for registration in the boom of the crisis while the center was overwhelmed by asylum applicants. The correction of the process was so successful that the state of emergency was handled within two weeks and directors of reception centers of other states adapted the process improvement. 65 7.6 Psychological Support Furthermore, although asylum seekers have been described on this report as part of a logistical process in the supply chain of the refugees’ crisis, it must not be forget that a process can be improved not only by reducing lead times or technological development, but furthermore by enhancing the human aspects that can add value in the management of the flow of human beings. Both Finland and Germany’s reception centers do not provide extensive psychological support for people who have fled their home countries in search of asylum, escaping war and persecution. According to the Meltola reception center, the mental health services provided are working properly and all the asylum seekers that have needed treatment have also received it. However, the mental health issues of the asylum seekers are highly different from the ones experienced by the Finnish patients, for war and persecution traumas, and this should have been foreseen. The midwife service for the asylum seekers needs improvement, for instance by hiring their own midwife for the Red Cross who would go around the reception centers. It should be mandatory from the municipalities to offer the parental clinic service, as currently in the capital area the asylum seekers have to travel to Helsinki for this service. In this situation, the parental clinic personnel can change at every meeting, whereas continuity would be the best for the expecting mothers. 7.7 Decision making process At the peak of the crises, asylum seekers were arriving faster than any party had accounted for. Many asylum centers had to be set up with sometimes just a few hours of notice. This meant that there was no time to set up biddings for the most suitable service providers. In Finland the private company Luona was chosen to run the reception centers, not only because it’s connections with Forenom, the facility provider, and the Human Resource company Barona, but also because the decision making process in the municipal level is very slow (Kaukiainen, 2016). Setting up a municipal reception center can take weeks or months and there was no time for pondering during the influx. Also the budget for Migri is fixed and getting more funds to that budget is very difficult and a long process. Ideally the funds for Migri and the asylum accommodation should be easily available (Vuorio, 2016). 7.8 Perspective This report hopes to be an empirical and valid research method on the logistical aspects of the current refugee crisis between the Finnish and German systems concerning the asylum process. The authors came to learn not only the similarities and differences between the two EU countries, but furthermore had a deeper insight of a process that is perhaps of not common knowledge, as enhanced by the media, the public opinion and political debates, and in its most negative aspects, by populism and highly leveraged perceptions. The authors have attempted to illustrate and represent the logistical aspects and issues within the current destabilized situation of the European Union, being highly critical on the validity and effectiveness of the asylum process in light of the unsustainability of the 66 Dublin Regulation, which undermines the distribution of the asylum seekers’ flow. Both qualitative and quantitative aspects were researched, studied and illustrated. Never the less, several positive aspects such as the excellent work of volunteers and reception centers have been praised in this report. During the learning process the authors illustrated their findings, discovering how the goal of both countries is to reduce the lead time in processing asylum applications and integrating the asylum seekers in both working and social life. As the locations of the logistical aspects of the asylum seekers’ crisis have been often unpredictable, especially in the second part of 2015, the authorities in both countries are required to react in an efficient and timely manner, as several issues regarding the process of both countries still persist. As far as the authors of this report are concerned, a transparent, valuable logistical work that also considers the human aspects of the process needs to be conducted from both countries in order to cope with the current crisis, from the beginning to the end of the supply chain, and furthermore through a long term integration program in the Finnish and German community. 67 8 References Aalto, M., 2016. Helsingin Sanomat. 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