Informationen zur Anhörung vor dem Bundesamt
Lawyers Hoffmann & Kese, Elsaßstr. 51
52068 Aachen TeL: 0241 / 501021

Instuctions for the asylum hearing at the Bundesamt

(please, read this by all means in your native language before the hearing

1. Purose of the hearing

You are invited to a hearing about your asylum case, because the authorities want to find out whether you personally really were politically persecuted.

In other words, they consider you to be politically persecuted if you had really been persued by the govemment or similar authorities because of your race, religion, nationality, belonging to some social group, your political convictions, or if you have to fear such persecution.

In Germany you are not obliged to prove such persecution, but you must make a statement which is logical and understandable, free of contradictions, which enables the authorities to believe your personal fate. This approach is supposed to help you, because usually it is irnpossible for you to prove the political persecution, but it could also be dangerous for you if there are contmdictions or 'lies' in your statement, it may happen that you would not be believed at all! Do not allow any of your fellow countrymen or other 'advisors' to force you to give false interpretation of certain important facts instead of saying the truth. Later, when the truth is discovered, you would be hardly believed by anyone. No one can lie' so smoothly that he could go on doing this even when he is in a situation of being questioned. Of course, you have the right not to tell things which could cause a danger for you or other people. Just explain that and say why. But do not say anything which is not true. Neither tell things you do not know exactly as "for sure". The German authorities have got many ways and means to find out any kind of necessary information from abroad dealing also with the things that had happened in the past. And because the attitude towards political refugees is not positive in Germany, an attempt would be made to construct a "lie" from any inaccuracy on your side.

That is why, please, tell everything that has happened to you or that you have to fear. It is not sufficient for instance, to simply inform about your membership in a certain minority. As a rule, you have to describe the persecution that you personally experienced in order to be accepted as a refugee.

Please, realise that facts and figures are very relevant for Germans: You must have answers to questions like"Who?", " Where?", " What?", "When?", " How?", "Why?", "For how long?" Please avoid any false shame.

Even if there is something embarrassing for you and the authorities do not seem very friendly, you must still tell them everything that has happened or everything that you are so much frightened about. In this situation just imagine that you are telling a good friend of yours about everydiing that happened to you since the beginning (which may be a very long time ago) of persecution. Even if a person listening to you is far from being your good friend, such a 'trick' may help you do things you have to do: tell everything lively and comprehensibly.

It may happen that before the hearing you would be asked about your documents or you would be checked through. Herewith an attempt is being made from the side of the Gennan authorities to find out, how you came to Germany. It may also happen that they would take your identification card, passport or other documents. In that case demand fotocopies of all those documents by all means. You have the right to claim for that.

Anyway, to begin with, you will be asked about the way you came to Gerrnany. In case you came to Germany by landway, the danger is especially great for you to be sent back to the country via which you entered Germany. All the countries neighbouring Germany are considered to be 'safe countries' for refugees.

By law you are also obliged to make truthful statements about how you appeared in Germany. No one is allowed to give you any other advices than to tell the truth. When nevertheless you yourself or the authorities do not know via which 'safe country" you came here, there is not then such a country where you could be sent back to!

In this case, you should try to consult a lawyer, a social advisor or an assistant for refugees.

And now as far as the reasons for your refugee-status are concemed: here you must tell really everything that had happened to you at home or that you fear so much. If you or your lawyer have filed in written form the reasons for your asylum request, you have to read it by all means again before the hearing. Do not allow anyone to force you to admit that that paper already contains all the reasons for you to seek asylum.The official at the Federal Office must give you an opportunity to say everything (new things as well) you want to say. Every paper written before the hearing serves only as preparatory material for the hearing itself !

Avoid contradictions; insist - firnly, if necessary - on being allowed to declare everything that you want to; insist also that everything you have said should be written down. It happens very often that you are only asked questions. If though these questions do not cover everything you want to say, you must insist on being given an oportunity to you to make your statement in a form of an uninterrupted story (in a context).

At the hearing - if necessary - an official interpreter will be present- He has to translate everything you have said into German, and then he has to re-translate everything that was written from German back into your native language.

As a rule, the official at the hearing does not speak your native language. In this case the official gets your statements with the help of an interpreter. He then speaks them into a dictaphone. After the hearing, the dictated report is copied and re-translated to you after some waitng period.

2. Your rights at the hearing.

*You can have an interpreter of your own choice with you at every hearing you can also have an authorised person of your own choice with you at every hearing (this person may also be your friend); this is stated definitly in the Asylum Procedure Law.There is evidence that in such a situation the hearing is held more carefully as usual. Besides, in case there might happen to be any irregularities, you would have a witness. Should the presence of an interpreter/authorised person be refused, refer to this information and insisit that your interpreter/authorised representative is allowed to be present. State emphatically that you have authorised person concerned to be with you "for the duration of the hearing. If you are still refused to have an interpreter/authorised person with you at the hearing, there are two ways of action for you: 1) either to leave the hearing (and you are free to do so without any fear about the consequences; 2) or you at least insist on a written note being made in the protocol stating the fact that your interpreter/authohsed person was not allowed to be present at the hearing.

*You also have the right to be allowed to say everything you want to say. And everything you have said must also be put down into the protocol. Do not let anyone deprive you of the right to make an uninterrupted staternent. Everything you say in context has to be written down even if some of the inforrnation has already been given by- you in the "question-answer" form.

*You can also make written notes in advance about some complicated details in your story for your own use. It cannot be forbidden if some certain facts are put down by you mi advance on a piece of paper and brought to the hearirg.

* If you are confronted with any kind of paper from your file and asked questions about it, you have the right to demand to see it as well as any other documents from your personal file. It is stated in paragraph 29 of Administration Procedure Law (Verwaltungsverfahrensgesetz). An interview for political asylum is not a 'secret trial', that is why such papers have to be shown to you and, if necessary, translated.

* Because you do not speak German, you also have the right to demand that everything that has been said is re-translated to you by an interpreter into your language. Do not renounce this right; under no circumstances sign any paper where your renouncement to get retranslation is stated! Insist on every word being retranslated to you. Do not allow an interpreter to make a mere summarised translation for you of a page or a passage. It often happens with the following comments: 'And here is exactly written what you have just said about . .'. Under no circumstances let such things happen, because you have to confirm whether or not everything was written down correctly. Therefore everything has to be re-translated word by word to you!

*You also have die right to demand that only what you have really said is written down in the protocol. Often you can find in die text sentences which you have never said, for example:

• * an additional sentence saying that you had no difficulties with die interpreter,
• * or a sentence that everything you wanted to say concerning your asylum procedure, has been already said at die hearing.

Insist on such sentences being deleted if you did not say them. In any case, explain that you would not sign the protocol without such sentences having been deleted, because a protocol should ordy repeat what you have really said and not what the authorities would like you to have said.

When you notice that die protocol is not later given to you to be signed, insist by all means on the changes being put down the way you want them to be put.

You also have the right to get everything written down exactly the way you have said it. Often the mistakes are made while translating, dictating or whilecopy-ing the dictated text.

For example: You said, for instance, that you had left your country on 10 January. But in die protocol it is finally written 01 January. Take care that such sort of mistakes are corrected. Do not accept that in the above given example, the folloming statement later appears in the protocol:"While reading the report, the applicant corrected the date". Actually, the date was not "corrected" but rather erroneously understood, translated or put down. Such sort of the so-called "corrections" are often used by the authorities to later reject an application because of the supposed "contradictions"!

3. What you defintely have to consider.

*Make it clear in the very beginning of the hearing that in die end of die hearing you would like to take the copy of protocol with you; and that you also would also insist on that, before the hearing is finished, the protokol should be re-translated into your native language.

* If your documents have been taken, demand at least now that they should be given back to you. In case this is rejected, demand that fact to be put down into the protocol!

* Do not sign anything that is wrong, anything you did not say or anything that you did not understand quite well. It is better not to sign a report than to sign something wrong or something that has not been re-translated to you word-by-word. No disadvantages will face you because of your refusal to sign it. The following advice is right: you should not sign it even when you have the slightest doubt !

* The procedure of the hearing might be strange and unusual to you, or even frightening at times. Please do not let yourself be intimidated. You are the most relevant person at the hearing and everything you want to say, may and must be said.

*If your interpreter/authorised person has any questions or wants to make any statements, please make sure that he is allowed to do so. Should this be refused, insist at least on the fact of refusal being noted in the protocol. If there are some doubts, do not sign die protocol!

*The "quality"' and friendliness of the people questioning you will vary. Some are really very friendly, some are very unfriendly, some are quite" neutral" and you are not able to asess them.No matter how you are treated by an official at the hearing, be also either friendly, or resolute, or neutral. But even when the person in front of you is very friendly, do not give up any of your rights!

* Do not let youself make any declarations which have not been earlier discussed by you with your lawyer, in case you have got one. Never declare, for instance, that you relinguish the right to apply for asylum for your children. Should they expect or demand such a declaration, tell them that you want to first consult your lawyer about that.

* In most cases, the hearing is an "extreme situation" for you. Therefore, under no circumstances declare that you have, reported about all the facts concerning your persecution. On the one hand, you often cannot do it within a short period of time; on the other hand, it may happen that you later remember something that has been forgotten "under stress".

* Do not let yourself being forced to feel in a hurry. You have the right to take as much time as you need to explain your fate.

4. After the hearing

You should get a copy of die protocol from the authorities. If not, demand it. Make a copy of that protocol and give it by all means to your lawyer, in case you have got one.

* After the hearing you should sit together with some person who speaks both your native and German language. You should have the protocol retransleted once again into your native language. Your lawyer cannot do it for you: you must look for a translator yourself. During that second retranslation you may notice misunderstandings and problems, which you should immediately inform your lawyer about.

* If you need to report any irregularities or to make additional notes to the protocol, you should inform your lawyer or an assistant as soon as possible. If this should take too long, please phone your lawyer or an assistant and tell him that you are sending some additional written information to him. In this case, the lawyer or the assistant can inform the authorities that there are some supplements, additions or clarifications concerning your application, to follow.

* If you have got some comments on the protocol, please do the following: 1) number the paragraphs which you want to comment on consecutively and send a copy of that marked protocol to the lawyer or the assistant; 2) send the lawyer your comments on the various paragraphs in German or other language that the lawyer speaks, using the same numbering as in the protocol.

* If there were irregulatrities at the hearing, please write thern down immediately afterwards (if possible, together with other persons who were at the hearing with you) in a form of a "memory report" for example:

- if after die hearing you remembered something you wanted to say,

- if the presence of your interpreter/authorised person was not allowed;

- if any problems occured with an official interpreter,

- if somedling wrong was protocolled;

- if you are depived of a copy of the protocol;

- if, for some reason, you have not signed the protocol;

- if you have the feeling that you were misunderstood;

- if something unususal happened.

This 'memory report' must be immediately handed to your lawyer or assistant, so that he can undertake the necessary steps.

I wish you success at the hearing. Do not be afraid. If you follow all the advices given above, nothing will go wrong. At least, you can be sure of having had a fair hearing.

September 1993

Translation by Olga Glöde FAX 02151 69835