FAQ - Frequently asked questions
When does someone have the Legal Division to Asylum?
There is no Legal Division to Asylum. There is only the Legal Division to examine the grounds for asylum. Asylum is granted to foreign nationals who can prove or credibly demonstrate that they have a well-founded fear of persecution on account of their race, religion, nationality, membership of a particular social group, gender or political opinion and are outside their home country or country of origin.
A well-founded fear of persecution exists if a threat to life, limb or freedom can be asserted and there is a threat of measures that cause unbearable psychological pressure. Women's specific reasons for fleeing must be taken into account.
What is the difference between an asylum seeker, a refugee and a temporarily admitted person?
- An asylum seeker is a person who has applied for asylum and whose asylum procedure is still pending.
- A refugee is a person whose refugee status has been recognized and who has been granted Asylum Division.
- A temporarily admitted person is a person whose application for asylum has been rejected and whose removal to their home country or country of origin cannot be enforced because enforcement is unreasonable, not permitted or not possible.
What is the purpose of the asylum procedure?
The task of the asylum procedure is to identify among the newly arriving asylum seekers those who are entitled to protection according to the criteria described in asylum law. Many asylum seekers are neither refugees nor displaced persons. Due to their situation, they clearly belong to the group of migrants. They are looking for a better place to live in Liechtenstein. Because they know that they are unlikely to receive an entry and work permit, they cross the border illegally. Some of them create a dramatic story of persecution for questioning by the authorities. They hope to gain refugee status as a result. From the perspective of the person concerned, this behavior is understandable; from the perspective of asylum law, it is an abuse of the asylum procedure. The authorities must reject such applications as quickly as possible and enforce removal consistently.
Abusive and poorly substantiated asylum applications are treated as a priority. The majority of asylum applications are currently decided within three months (excluding appeal proceedings). Applications from people who commit crimes in Liechtenstein or whose behavior shows that they are unwilling to integrate into our society are processed even more quickly if possible.
What happens if an asylum application is rejected?
If an application for asylum is rejected, the person concerned will be deported from Liechtenstein. The Migration and Passport Office organizes the enforcement of the removal as soon as the decision is legally binding. If enforcement is not possible, not permitted or not reasonable, the Migration and Passport Office will order temporary admission, which is limited to a maximum of one year and will then be reviewed again.
What does it mean if it is not possible, not permissible or not reasonable to enforce a removal order?
- Enforcement is not possible if the person affected by the removal order cannot leave or be taken to their home country or country of origin or to a third country (technical reasons).
- Enforcement is not permitted if Liechtenstein's obligations under international law prevent the person affected by the removal from continuing their journey to their home country, country of origin or a third country.
- Enforcement may be unreasonable for the person affected by the removal if they are in concrete danger in situations such as war, civil war, general violence and medical emergencies in their home country or country of origin.
Who is responsible for looking after asylum seekers and refugees?
According to the service agreement with the government, the Liechtenstein Refugee Aid Association is responsible for the care of asylum seekers, temporarily admitted persons and persons in need of protection.
The Office of Social Services is responsible for the care of recognized refugees. The legal status of recognized refugees is generally governed by the Foreign Nationals Act, unless special provisions under the Asylum Act or the Geneva Refugee Convention apply.
Once Asylum Division has been granted, can it be revoked or expire?
Yes, there are grounds for both the revocation and expiry of Asylum Division.
The government can revoke Asylum Division or revoke refugee status if the person concerned
- has obtained Asylum Division by making false statements or concealing material facts;
- has voluntarily placed himself or herself under the protection of the state of which he or she is a national;
- has voluntarily re-acquired the lost nationality;
- has acquired a new nationality or has been granted Asylum Division or another permanent right of residence in another state and enjoys protection in that state;
- has voluntarily returned to the country which he/she left or no longer enters for fear of persecution and has settled there;
- can no longer refuse to avail themselves of the protection of their home country or country of origin after the circumstances for which they were recognized as a refugee have ceased to exist; or
- is stateless and is able to return to their former country of residence after the circumstances for which they were recognized as a refugee have ceased to exist.
In addition, the government may revoke Asylum Division if there are substantial grounds for believing that the person concerned poses a serious threat to the security of Liechtenstein or poses a danger to the community because he or she has been convicted of a crime after arrival.
The government will determine the expiry of Asylum Division if the person concerned has resided abroad for more than two years, has been granted asylum or a permanent residence permit in another country, renounces it or acquires Liechtenstein citizenship.
Who can I contact if I want to help or donate?
The Liechtenstein Refugee Aid Association is responsible for the accommodation and care of asylum seekers, temporarily admitted persons and persons in need of protection. Accordingly, offers of help in any form are best received there. Inquiries can be sent to Flüchtlingshilfe either by e-mail to [email protected] or by telephone on 388 12 90. Refugee Aid is particularly happy to receive volunteer help around the reception center and to support the groups of people mentioned.
Other organizations working in the area of refugees and migration include Amnesty Liechtenstein, Caritas Liechtenstein and the Liechtenstein Red Cross.
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Asylum Division [email protected] +423 236 6141