The new regulation is to introduce a legal presumption that applications for asylum lodged by citizens of the three North African states are unfounded. The application will be rejected unless the asylum-seeker can prove that he or she has genuine grounds for being granted asylum. The classification of the Maghreb states as safe countries of origin will make it possible to decide more swiftly on applications received from citizens of these states.

A clear signal to potential migrants

The procedure will send a clear signal to individuals who are already in Germany and to those who are considering migration, who have no prospects of being granted protected status. Their asylum procedures will be rapid. Once an application is rejected, the asylum-seeker must return to their country of origin. Federal Interior Minister Thomas de Maizière introduced the bill into the German Bundestag. During the debate the Minister said on Friday (13 May 2016). "Helping also means being able to say no."

As a general rule, asylum requests lodged by Algeria, Moroccan and Tunisian citizens have no prospects of success. The aim of the law is to make it possible to process these requests more quickly. The length of time these applicants spend in Germany ought to be significantly reduced as a result.

Taking into account the human rights situation

The Federal Interior Minister confirmed that individuals would still be afforded protection if they were threatened by persecution. "The arguments relating to the human rights situation have been taken into account and will continue to be taken into account." He pointed out, however, that "an abstract threat posed by the existence of the death penalty or by the fact that homosexuality is a punishable offence do not give grounds for granting asylum or protection under the Refugee Convention. That is a fundamental principle of our asylum law and we intend to retain this principle."

"The large number of problems facing other countries cannot be resolved by German asylum law. The problems that indubitably exist in the Maghreb states will not be resolved by asylum law but within these countries themselves, reasserted Thomas de Maizière.

Individual review
When a country is classed as a safe country of origin there is a legal presumption that an applicant from that country is not persecuted. This presumption can, however, be overturned by an applicant within the framework of the asylum procedure. Every request will still be reviewed individually. Every asylum procedure involves a face to face hearing with the applicant. Asylum-seekers can present their situation in their home country and, have the chance to provide evidence that they are entitled to protected status in Germany.

At the first reading of the bill on 14 April 2016 the Federal Interior Minister reasserted, "We make a distinction in asylum procedures between war zones like Syria and stable countries like the Maghreb states. Over the last year we have registered about 26,000 asylum-seekers from these states in Germany. The rate of recognition was 0 per cent for Tunisians, less than 1 per cent for Algerians and about 2.3 per cent for Moroccans. In the first quarter of 2016, the rates will, in some case, be even lower. We are now translating into law a trend that has long been everyday reality: requests for asylum from citizens of Tunisia, Morocco and Algeria generally have no prospects of success."