Legislation on Minor Asylum Seekers February 2011

Institut für Soziale Infrastruktur Vivian Guerrero Meneses and Sebastian Graf Kasseler Straße 1 A 60486 Frankfurt am Main Phone: 069-2648650 • Fax: 069-26486519 Email: kontakt@isis-sozialforschung.de

Table of contents

Table of contents ......................................................................................................................2

1. Introduction...........................................................................................................................3 1.1 Arrival ..............................................................................................................................3 1.2 Accommodation...............................................................................................................4 1.3 Applications .....................................................................................................................5 1.4 Types of approval/decision..............................................................................................7

1.4.1 Full recognition of an applicant ..............................................................................7 1.4.2 Rejection procedure ...............................................................................................7 1.4.3 Formal settlement ..................................................................................................8 1.4.4 Unfounded or evidently unfounded rejection..........................................................8 1.4.5 Subsidiary protection and exceptional leave to remain..........................................8

1.5 Work permit ...................................................................................................................10 1.6 Access to Social Services .............................................................................................10

2. Educational opportunities for minor asylum seekers ..........................................................11 2.1 Introduction....................................................................................................................11 2.2 Formal education: The school system in Germany .......................................................11 2.3 Minor asylum seekers and their educational challenges ...............................................13 2.4 Current legal changes concerning minor asylum seekers.............................................14 2.5 Resume ........................................................................................................................15

3. Best Practice ......................................................................................................................15 3.1 Counseling........................................................................................................................16

3.1.1 Clearing houses ...................................................................................................16 3.1.2 Counseling facilities .............................................................................................17 3.1.3 Counseling projects..............................................................................................18

3.2 Assistance to obtain a degree ..........................................................................................19 3.2 Vocational preparation schemes ......................................................................................22 3.3 Social education ...............................................................................................................25

4. Bibliography........................................................................................................................26 Internet sources .................................................................................................................27

Internet sources on German laws ......................................................................................27 Internet sources on European laws....................................................................................28 Internet sources on Best Practices ....................................................................................28

Annex: Diagram of the Basic Structure of the Educational System in Germany.........................32

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1. Introduction There are many reasons for minors to migrate to Germany. Mostly they flee from war, human rights violations or economic hardship and look for better living conditions. War has separated them from their relatives, some lose their parents while fleeing, others are being sent to Europe to be reunited with their families. The number of applicants decreased drastically since the Dublin II contract became effective in March 2003. Since 2004 the number of applications never exceeded the mark of 50,000 persons. In 2010 a total of 48,187 initial and follow-up applications were submitted in Germany. In the last two decades the applicants mainly came from Turkey, from ex-Yugoslavia, Iraq and Afghanistan. In 2010 the majority of the applicants came from Afghanistan (17.8%), Iraq (13.7%) and Serbia (13.3%) (Federal Office for Migration and Refugees 2011: 8). There are no data on accompanied minor asylum seekers available, as accompanied minors were not considered as individuals but as part of a family in terms of guidance, supporting measures or housing. The number of unaccompanied minors applying for asylum in Germany has decreased as well according to the overall numbers. In 2002, about 873 unaccompanied minors under the age of 16 applied for asylum at the Federal Office for Migration and Refugees. In 2008 the overall number of unaccompanied minors applying for asylum in Germany including 16- and 17-year-olds, was 763 (Federal Office for Migration and Refugees 2009: 48). The number of minors under the age of 18, who are granted refugee status or subsidiary protection has risen considerably, from 3.5 percent in 2007 43.3 percent in 2008. The most important countries of origin in 2008 were Iraq, Vietnam, Afghanistan, Guinea and Ethiopia (Federal Office for Migration and Refugees 2009: 9). In the following we will outline the asylum procedures, which minor asylum seekers have to go through in order to get a permit to stay in Germany. The application procedures do not differ significantly between adults and minors in the age over 15, even if the minors should have additional rights according to the law for the protection of youth. Subsequently, we will focus on the educational system in which they have to be integrated and show some formal and informal opportunities offered by welfare institutions. In this chapter we are facing as well the challenges for minor asylum seekers in the educational sector. This overview will be followed by collection of examples for best practice, which introduces some efforts already made in Germany. 1.1 Arrival To enter Germany, a valid passport and visa are necessary. In many cases, it is very complicated to receive either, especially for minors. Due to a crisis or malfunctioning administrative framework caused by acts of war no one is capable or feeling responsible of

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issuing a valid passport. There is also the additional problem that minors, because of their age and their particular situation, do not fulfill the preconditions to apply for a visa or cannot even reach the embassies of their destination countries in their native countries. Entering the country can be refused without informing the Youth Welfare Office right before the minor arrives or the Federal Police can initiate a prompt „return after illegal entry“ if:

• The minor’s origin country is defined as “safe third country” (Section 18, Subsection 2 of the Asylum Procedure Act)

• It can be verified that the minor is attempting to enter Germany via a neighbouring country as legally irregular migrant or asylum seeker.

If the minor is to be deported after illegal entry, the Federal Police will apply to the court with local jurisdiction and at the same time inform the locally responsible Youth Welfare Office (Federal Office for Migration and Refugees 2009: 23). The minor will be transferred to a local reception center, or to a care or “clearing house”, depending on the case. If an asylum seeker reports to the border authority, the latter passes him/her on to the closest initial reception center, the establishment and maintenance of which is a matter for the respective Federal Land.1 1.2 Accommodation To allocate the asylum seekers into initial reception centers the authorities use the EASY system2, a national quota system that balances the housing in Germany. Sometimes asylum seekers ask to be housed in an area where relatives live already. Such requests are only taken into account for spouses and minor children in order to reunite families. Every applicant is bound to a so called residence obligation, regulated in Section 56 of the Asylum Procedure Act.3 During the first phase, applicants have to stay in the initial reception centers or the area nearby. In Germany there are 20 initial reception centers in total. In these centers, asylum seekers are registered and inquired about the reasons for their escape. In addition, applicants are fingerprinted and photographed and their data are compared with the Central Register of Foreign Nationals (AZR) and Eurodac. Asylum seekers will then be given a temporary residence permit, giving them a provisional right of residence up to the conclusion of the asylum procedure. After a maximum stay of three months they are assigned to a specific city 1 Cf. http://www.bamf.de/cln_118/DE/Migration/AsylFluechtlinge/Asylverfahren/asylverfahren-node.html, Access

11.01.2011. 2 The EASY system is based on reception quotas of all individual federal states and in accordance with the so

called “Königstein key”, which is calculated for each year on the basis of the tax revenue and the population size of the states. See: http://www.bamf.de/cln_118/DE/Migration/AsylFluechtlinge/Asylverfahren/Verteilung/verteilung-node.html, Access 11.01.2011.

3 http://www.iuscomp.org/gla/statutes/AsylVfG.htm Access 11.02.2011

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or county. Together with their children they are required to live in reception centers for a period of up to six weeks, but no longer than three months.4 With ongoing procedures and the receipt of at least exceptional leave to remain the residence obligation expands (Section 65 Asylum Procedure Act) to the federal state borders. The asylum seeker has the right to move within this area. For movement between different states a special authorization is required. Once they are no longer required to live in a reception center, they are advised to live in collective accommodation. Accommodation varies from a bed in a camp to even an own apartment. In accordance to Section 53 of the Asylum Procedure Act for collective accommodation, both – the public interest and the applicant’s interests – shall be taken into account. As a recognized refugee they have the right – together with their family – to move as long as this will not result in additional costs for a public authority. The degree to which the needs of unaccompanied minors (as the accompanied are staying with their families) are met strongly depends on the federal state in which they get allocated. There are laws, which should regulate the procedures, but there is a lot of room for interpretation. In some federal states a clearing interview must be conducted within the first days of arrival, and then minors are transferred into special clearinghouses, which are adapted to the needs of minors and help them to sort out their application. In others the minors are treated as adults and do not get any special treatment. The age also plays a role. In some federal states children and young adults up to the age of 18 are treated as minors, in others adolescents over the age of 15 are treated as adults.5 1.3 Applications Once the minors have an accommodation and are allowed to apply for asylum in Germany they receive a temporary residence permit. The Federal Office for Migration and Refugees is the German asylum authority and therefore is mainly responsible for asylum applications. Their main office is based in Nuremberg, but offices are attached to the initial reception facilities as well. The Federal Office executes the asylum process and decides, whether a person is granted asylum or not. The Residence Act recognizes five different purposes for residence:

• Education or training (Sect. 2, Subsect. 3, Residence Act), • Employment (Sect. 2, Subsect. 4, Residence Act), • Residence for reasons of international law or for humanitarian or political reasons

(Sect. 2, Subsect. 5, Residence Act), 4 Asylum Procedure Act (APA), Sect. 47, Subsect. 1 and 2, Residence in reception centers5 Cf. http://www.b-umf.de/, Access 18.01.2011.

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• Residence for family reasons (Sect. 2, Subsect. 6, Residence Act) • Special rights of residence (e.g. former German citizens, Sect. 2, Subsect. 7,

Residence Act). On acceptance of the asylum application, the personal data of the foreigner are inserted into the MARiS IT system. It is examined whether it is a first application, a follow-up application or possibly a multiple application.6

Once applicants have been registered, they are personally interviewed with the help of an interpreter, according to section 25 of the Asylum Procedure Act. During the interview applicants may summarize the reasons of their persecution and present available documents. Country reports of UNHCR and Amnesty International, reports by academic institutes, as well as press articles and specialist literature are additional sources of information which can help to come to a decision, but individual circumstances are most relevant for the outcome of the application. After the hearing, the asylum case officer makes the decision on each individual application. Minor asylum seekers coming to Germany have different rights and opportunities depending on whether they come with their parents or as unaccompanied minors. Accompanied unmarried minors under the age of 16 have to apply together with their parents “without the right of freedom of movement or without a residence title, if he [the child] has not already filed an application for asylum” (Sect. 14a, Subsect. 1, Family Unity, Asylum Procedure Act). If one parent applies for asylum and is accepted, the minor will also be granted asylum, if they are under the age of 16 at the date of application and did not commit any crime during the application procedure (Sect. 26, Family asylum and refugee protection for families, Asylum Procedure Act). According to the German Civil Code Section 2 “maturity begins at the age of eighteen”. The Children Rights Convention includes adolescents in the convention and since November 2010 the Children Rights Convention is fully recognized by the German government. Unlike the Civil Code regulation on maturity, minors over the age of 16 needs to fill out an own application in order to get a residence permit. This is based on a law, which states that minors over the age of 16 are capable of performing procedural acts (in accordance with the Residence Act).7 Therefore they have the legal capacity to act in matters of legal proceedings relating to asylum and residence without the presence of a legal guardian (Federal Office for Migration and

6 To attend the Dublin II contract, the data is also checked by the EURODAC central, automatic European

Fingerprint Identification System in order to ascertain whether an asylum seeker has previously made an asylum application in another member state of the EU. Cf.http://www.bamf.de/cln_118/DE/Migration/AsylFluechtlinge/Asylverfahren/Antragstellung/antragstellung-node.html, Access 11.01.2011.

7 “Any alien who is 16 years of age shall be able to perform procedural acts in accordance with this Act, unless he has no legal capacity according to the terms of the Civil Code or unless he would have to be offered assistance or be subject to a reservation of consent in this matter if he were of full age” (Sect. 12, Subsect. 1 of the Asylum Procedure Act and Sect. 80, Subsect. 1 of the Residence Act)

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Refugees 2009:14). However, this supplement causes an insuperable barrier for many unaccompanied minors. In 2008, the most important countries of origin of unaccompanied minors who applied for asylum in Germany were Iraq (228), Vietnam (68), Afghanistan (61), Guinea (48) and Ethiopia (36) (Federal Office for Migration and Refugees 2009: 21). 1.4 Types of approval/decision The outcomes of the interviews highly affect the applicant’s future possibilities. Their assessment influences the duration of their permit to stay and their work permit as well as educational opportunities and social benefits. However, even though the right of asylum is meant to provide protection from current threats, according to the Federal Ministry of the Interior the recognition as a refugee or a person under protection in the meaning of the Geneva Convention does not constitute a lifetime status.8

1.4.1 Full recognition of an applicant If an applicant is recognized as having a right of asylum or if several preconditions defined in section 60 subs. 1 of the Residence Act are being applied, their case is approved and they can consider themselves as refugee. The applicant then receives a residence and a work permit limited to three years at most (Section 25, Subsect. 1 and 2 of the Residence Act). Their legal status in Germany is in accordance with the Geneva Convention. This means many advantages in regard to labor, professional and social law. It also means that applicants are entitled to an unlimited settlement permit after three years, if the Federal Office certifies that there are no reasons to revoke or withdraw the positive decision.9 1.4.2 Rejection procedure There are different forms of rejection in Germany depending on the case. If an asylum application is fully rejected and the applicant does not receive a right to reside in Germany for other reasons, they receive a written notice of rejection, asking them to leave the country usually within one week. If an applicant is not willing to leave Germany voluntarily, they will be taken into custody and afterwards get deported in accordance with section 34 of the Asylum Procedure Act. Some state laws prohibit taking unaccompanied minor asylum seekers under the age of 16 into custody. However, there are documented cases where it happens nevertheless. Furthermore there are different modes of rejection highly depending on the individual case as described in the following.

8 See: http://www.erso-project.eu/partners/national-asylum-return-policy/germany, Access 13.01.11 9 See: http://www.bamf.de/cln_118/DE/Migration/AsylFluechtlinge/Asylverfahren/Rechtsfolgen/rechtsfolgen-

node.html, Access 13.01.2011.

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1.4.3 Formal settlement Asylum can be rejected before the application procedure is finalized. Applicants can be granted only formal settlement, if they:

• Were able to flee into a safe third-national country and came from there without persecution (Sect. 29, Subsect. 1, Asylum Procedure Act)

• Arrived at another European country (Dublin II) • Withdraw their application • Are absent in a hearing without excuse • Do not provide the asked documents • Are a resident of a safe third-national country • Travelled into their country of origin during the application phase (Sect. 33, Subsect. 3,

Asylum Procedure Act) 1.4.4 Unfounded or evidently unfounded rejection An application is rejected as unfounded or evidently unfounded, if an application does not meet the preconditions of Section 60, Subsection 2 to 7 of the Residence Act. In this case the asylum case officer drafts a rejection notice and, if the applicant does not have a residence title, the officer issues a demand to leave the country enclosed with a notification announcing deportation. If justified by plausible reasons, this rejection can be followed by subsidiary protection, which in some cases takes several years.10

1.4.5 Subsidiary protection and exceptional leave to remain In case the refugee status under the Geneva conventions cannot be applied, humanitarian considerations may prevent an applicant from being deported, even though they only have limited rights of residence. Until mid-2009, 674 persons were awarded this status – 155 decisions were based on European laws and 519 on national laws (Federal Office for Migration and Refugees 2010: 57). An applicant cannot be deported into a third-national country declared as safe if they face:

• Health issues that impede transportation • Serious problems caused by their political, sexual or religious beliefs • A concrete threat of torture • Inhuman or degrading treatment or threat to his or her existence • Serious individual threat for their life

10 Cf. http://www.bamf.de/cln_118/DE/Migration/AsylFluechtlinge/Subsidiaer/subsidiaer-node.html, Access 11.01.2011

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The laws for regulating the situation of subsidiary protection and exceptional leave to remain are part of the Residence Act. In order to get an idea of the situation of minors of all nationalities who received a residence permit on account of pressing humanitarian or personal reasons or because of significant public interest in 2007 and 2008 (Federal Office for Migration and Refugees 2010: 58f.), the following data is significant. Table 1: Residence in accordance with section 25, subsection 4, Residence Act 2007 2008 0 – 16 2732 1837 16 – 18 436 195 9940 6471 Source: Federal Office for Migration and Refugees 2010: 58f. The chart below reflects the fact that many minors, while having no actual entitlement to a residence permit, are unable to leave Germany due to psychological or physical health issues or simply because transportation into their country is not possible. An overwhelming proportion of asylum seekers who were issued with a residence permit in accordance with Section 25, Subsection 5, Residence Act in recent years had already been resident in Germany for a lengthy period of time (one year and longer). Table 2: Residence in accordance with section 25, subsection 5, Residence Act 2007 2008 0 – 16 9941 10450 16 – 18 1160 1553 30548 30861 Source: Federal Office for Migration and Refugees 2010: 61f.

The status of exceptional leave to remain is quite common. As demonstrated below, over 25,000 minors were waiting to receive a residence permit or to be rejected in Germany in 2008. Table 3: Minors with exceptional leave to remain issued according section 60a,

Residence Act 2008 0 – 16 22136 16 – 18 3619 88152 Source: Federal Office for Migration and Refugees 2010: 63

This type of insecure status theoretically shall not exceed a year, but as it is possible to renew the status of subsidiary protection over and over again, it has become a quite common tool in practice (not only for minors). Furthermore, the subsidiary protection also affects the minors’ educational and vocational opportunities.

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1.5 Work permit There are several laws and strict regulations to get a work permit in Germany. During their stay in a reception centre the asylum seekers are not allowed to engage in any gainful employment (Sect. 61, Subsect. 1, Asylum Procedure Act). In exchange for the paid social benefits they are supposed to work in governmental, local or charitable organizations, earning € 1.05 per hour (Sect. 5, Subsect. 1 & 2, Asylum Seekers Benefit Act). This law includes all non-working beneficiaries who are no longer of school age, stating that they are required to perform any work provided. In case of an unfounded rejection of such an activity they are not entitled to benefits under this Act (Sect. 5, Subsect. 4, Asylum Seeker Benefit Act). For asylum seekers and applicants it is forbidden to work in the first year of their residence. In deviation from Sect. 4, Subsect. 3 of the Residence Act, the purpose of employment will be allowed after this period if the federal agency agrees (Sect. 61, Subsect. 2, Asylum Procedure Act). Apart from this rule all other refugees can get a full work permit without restrictions after four years, but only if they receive a residence permit. If this happens, they are fully entitled to all community services and to a minimum social assistance grant. If they are not granted refugee status after this period, it becomes very difficult to find a job. A clear regulation in Section 39 of the Residence Act obliges employers to prefer German and European citizens to persons in subsidiary protection looking for a job or a vocation, which limits their possibilities. 1.6 Access to Social Services Access to social and health care benefits for asylum seekers is regulated within the Asylum Seekers Benefits Act. The social welfare system for asylum seekers regulated within the Asylum Seekers Benefits Act covers all asylum seekers and subsidiary protected persons. The benefits they receive are reduced to 30 to 45 percent (depending on the age) in comparison to the normal amount the German state pays every legal inhabitant to overcome existential problems. After the full recognition as refugee or if the applicants have received these benefits over a period of 48 months they are eligible for the full beneficial service all residents get. Asylum seekers receive support in form of monthly payments or in-kind transfers instead of money to cover their expenses. In addition to the minimum subsistence level for asylum seekers (about 184 Euros per month for adults and 110-160 Euros for minors depending on their age) they receive monthly pocket money, which is about 40 Euros for adults and 20 Euros for minors. Benefits for medical care are provided in cases of acute illness or acute need for treatment, for painful disease, and to safeguard the health of vital treatments. The entitlements of

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beneficiaries under the Asylum Seekers Benefits Act are thus substantially limited compared to those of statutory health insurance patients. Currently the beneficiary system for asylum seekers is being revised by the Federal Constitutional Court, which needs to clarify if the amount given is above the poverty level. Especially the restricted entitlement to social benefits of minors in subsidiary protection in comparison with entitlements by normal citizens is considered as unbearable by several refugee networks. According to the Asylum Seeker Benefits Act accompanied minor asylum seekers get 28%-47% less money than minors of the same age with refugee or residential status.11 Additionally they are excluded from the German child benefit system and not eligible for any educational grant. The situation is different for unaccompanied minor asylum seekers, if the necessity of youth welfare is being declared during the care taking procedure. In this case the adolescent is treated as any minor with the same needs – disregarding their origin or status. This approach is perfectly in line with the Children Rights Convention and focuses first and foremost on the needs of a vulnerable child. If youth welfare is not declared to be necessary, the adolescents are accommodated in asylum shelters for adults.

2. Educational opportunities for minor asylum seekers

2.1 Introduction As stated in 1.5 in most cases minors hardly have chances to find a job in Germany. In this section the educational system of Germany will be outlined. The main difficulty is that compulsory education is not based on national but on federal state law, which means that 16 different laws and approaches apply, depending on the state of allocation of the minors. Additional to formal education in Germany, welfare organisations and NGOs have organised a network of helping and supportive educational measures in order to improve minor asylum seekers’ situation. The informal educational help system highly depends on infrastructure and differs extremely in regional density. However, the structural conditions have huge impact on the progression of minors concerning their further educational chances. 2.2 Formal education: The school system in Germany As stated above education laws are defined by the federal states and regulated in the German Constitution (Section 70, Subsection 1, Basic Law). The federal laws in the sixteen federal

11 Cf. http://www.fluechtlingsinfo-berlin.de/fr/asylblg/PM_Hartz_IV_AsylbLG_28_09_2010.pdf, Access 10.01.11

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states determine how to deal with refugees concerning school attendance and length of schooling. Basically the following assumptions can be made for all states12:

• In Germany there are two paths of compulsory education: full-time compulsory

education (compulsory education) and part-time compulsory education (compulsory vocational education)

• Compulsory education usually begins at the age of six years and ends after 9 (in some states after 10) years

• School attendance is based on school years, not the pupils age The German school system is a compulsory full-time schooling system13 and it is divided into three basic elements: “primary level”, “lower secondary level” and “upper secondary level”.14 The primary level begins with the child's sixth birthday; the pupils start primary school, which ranges from grade one to four. In Berlin and Brandenburg, primary school comprises six grades. There are different school forms depending on the intellectual level of the pupils. The lower secondary level generally ends with CSE15 (the lowest degree) or a GCSE degree. Depending on the aspired degree and the federal state it takes five to six years to finish lower secondary school. Pupils can change their type of school within lower secondary level and graduate from each type. Once they have a school-leaving certificate, pupils are allowed to start their compulsory vocational education – depending on the minimum qualification requirements. This could be a higher school degree to gain access to higher-level jobs, to university or a job training in order to work in a profession later on. If a pupil decides to leave school after they received their CSE, they are obliged to start a vocational education, which is a combination of a part-time schooling and working in a company in order to learn a profession. In all German states, vocational education takes three years.16

However, if pupils decide to stay in the lower secondary level and continue with full-time schooling they gain a secondary school degree. This degree qualifies pupils for the upper secondary level. At this point in compulsory education, pupils attempt to gain the highest school degree in order to be able to study at university afterwards. In order to qualify for university entrance, pupils have to attend school for 12 or 13 school years17 including primary and lower secondary level. The higher secondary level absolves pupils from compulsory vocational school, as the degree they have gained is seen as high enough to find a job.

12 In the Bibliography you will find a link to all school laws of the 16 German states. 13 See Annex: Diagram of the Basic Structure of the Educational System in the Federal Republic of Germany. Source: kmk.org 14 There are special schools for pupils with mental or physical handicaps as well, but they are left out at this point in

order not to complicate the explanations. 15 Certificate of secondary education 16 It can be shorten into two years, if the pupil starts his vocation with a degree of higher secondary level. 17 Again depending on the state.

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2.3 Minor asylum seekers and their educational challenges As stated above, there is no homogeneous school system in Germany. The access to education for minor asylum seekers is regulated by the individual states; the legislation and implementation of access to school is divided into two main categories:

• Compulsory education • Right to attend school

13 out of 16 states18 implement compulsory education. If minors will to stay longer than three months in the country they have to be integrated into the German school system. Only in Bavaria they need to be in the country for three months before they can enter the school system (Peter 2009: 173). In the other three states19 compulsory education is accessible only for minors with a valid residence permit or at least an approved permit for long-term stay. For all minors, whose asylum application is still at stake, the situation is more complicated. Even though they are entitled to education the decision whether they are accepted or not depends on the schools. Chances therefore differ depending on the region, school and responsible person. In most cases minor migrants (like the majority of German pupils) attend state schools. Depending on the location, preparatory classes and intense language courses are offered to migrants. But – as has already been pointed out – public language training courses are not necessarily offered during the asylum procedure. Some states schools do offer courses, but curricula, duration and content are not standardized. Often such courses are also offered by welfare organizations.20

Especially minors who arrive at the age of 16 and older tend to face problems regarding their integration into the normal school system. On one hand they are too old to work their way through the normal educational system, on the other their former education and their language skills are not sufficient to start vocational education straight away. Different approaches are implemented (see chapter 3.2) which try to cope with the situation by helping minors to graduate at least from the lowest school level, so they have a chance to access vocational training afterwards. However, once they graduate they still face a number of problems including their status and financial abilities. It is difficult to graduate from a higher school, even if the school marks are good enough. For most accompanied minors the financial situation of the family means limited support. They have to start working as soon as possible in order to support their families instead of attending a higher school. Most minor migrants are not eligible to financial support

18 Bayern, Bremen, Hamburg, Mecklenburg-Vorpommern, Niedersachsen, Schleswig-Holstein, Berlin,

Brandenburg, Rheinland-Pfalz, Sachsen, Sachsen-Anhalt, Thüringen 19 Hessen, Baden-Württemberg, Saarland20 Cf. http://www.erso-project.eu/partners/national-asylum-return-policy/germany Access: 22.02.11

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by the state. Training allowances and grants are only available after four years of living in Germany, which causes many problems especially for young refugees who were already adolescent when entering Germany. Furthermore, young refugees with an insecure status do not get support by the Federal Employment Agency in terms of qualification and job trainings, which could help them to start vocational training.21

An additional problem, which migrants with insecure status have to cope with, is the regulation that they are being subordinated by law (see 1.5) to German and European citizens, as well as persons with permanent residence status in the selection process of apprenticeships on offer and in regard to supportive framework. Further, the status influences their right of free movement (Section 61, Asylum Procedure Act) between the sixteen federal states of Germany. This causes serious problems especially for minors living nearby state borders because it limits their access to potential apprenticeships. 2.4 Current legal changes concerning minor asylum seekers In the near past some policy changes were made, who might influence the situation for minor asylum seekers:

• Since May 2010 Germany fully recognised the United Nation Children Rights Convention without any exceptions.

This implies theoretically, that children rights are now prior to asylum rights and all minors till the age of 18 should be supported according to the children laws. Tom Koenigs22, critically noted, for a practical benefit the recognition needs to be supported by a legal change in the Asylum procedure Act23, which is currently not planned (Koenigs 2010: 1). Further it is a matter of responsibility, as the educational system is not included into children laws, but school laws. However, as the changes happened currently, the practical implementation is still not comprehensive.

• In November 2010 the interior ministers conference agreed to stop the general deportation possibility of minors.

With this amendment to asylum laws the residence permit should be detached from fix „bureaucratical“ dates and attached to educational progress. This addition is a first step to secure their rights to access education. However, this change will be connected to several conditions of integration, which are still not determinate clearly.

21 Cf. http://www.b-umf.de/index.php?/Themen/bildung.html Access 22.02.11 22 Chairman of the committee on Human Rights and Humanitarian Aid at German Bundestag 23 As already mentioned in chapter 1.3 minors over 16 are considered as capable to perform procedual acts.

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2.5 Resume In the second chapter the formal educational framework was depicted and the challenges for minor asylum seekers were pointed out. Their possibilities are highly depending on helping - as well as educational framework in their surroundings. There are measures in all federal states of Germany, but no nationwide strategy of implementation. Only recommendations and guidelines support the federal states into the field of minor asylum seeker education. On one hand this legal freedom gives them the possibility to react directly to the problems that schools are facing while integrating minor asylum seekers into normal school life. On the other hand this freedom of interpretation produces a lot of confusion and incomparableness when it comes to define their rights and possibilities in Germany. The recent legal amendments are first steps towards a more secured framework, but still lacking from appropriate regulations. No nationwide structures are defining the implementation of education for minor asylum seekers, the individual development is pretty much depending from case to case decisions and the helping facilities in their surroundings. At present there are only few national schemes, most of support for minor asylum seekers is organised by NGOs, welfare organisations, associations and voluntary services. This framework will be further depicted in chapter 3 by presenting best practice examples.

3. Best Practice In the following chapter you will find some examples of best practice based on a web research. The list is certainly not exhaustive. It is supposed to present different support services provided by institutions in order to improve the educational situation of minor asylum seekers. The first part presents an overview of offers and services supporting adolescent asylum seekers and refugees. Four main categories of help could be identified:

• Counseling • Assistance to obtain a degree • Vocational preparation schemes • Social education

The categories overlap partially, as they are all linked to each other. Therefore some examples might fit into more than just one category.

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3.1 Counseling Minor asylum seekers highly depend on counseling services in order to receive information on their legal situation, their rights and possibilities. In many cases legal guardians are needed to clarify the individual situation within the context of the legal framework. The guardians should represent the minors and help them to find solutions for their situation. As an initial step within this sub-chapter we collected the addresses of Clearing Houses, as they are the first service points unaccompanied minor asylum seekers get in contact with. In a second step information centers and guardian services will be listed and finally some best practice examples are presented in order to get an idea of the counseling services, psychotherapeutic institutions and information facilities in Germany. 3.1.1 Clearing houses Clearing houses are the first contact point for unaccompanied minor asylum seekers. The list of houses is ordered by federal states: State: Bayern (Bavaria)Name: Clearingstelle Haus Chevalier Address: Birkeneck 1, 85399 Hallbergmoos Germany Phone: 0811 / 821 88 / Fax: 0811 / 821 88 Email: gruppe8@birkeck.de Name: Rummelsberger Dienste for young people ZAE Zirndorf Erstaufnahmeeinrichtung für unbegleitete minderjährige Flüchtlinge (EAE-UMF) Nordbayern Address: Rothenburger Straße 31, 90513 Zirndorf, Germany Phone: 0911/6279-222 / Fax: 0911/6279-098 State: Baden-Württemberg Name: AJUMI – Aufnahmegruppe für junge Migranten Address: Rüppurrer Straße 56-58, 76137 Karlsruhe, Germany Phone 0721 1619652 / Fax: 35045301 Email: ajumi@heimstiftung-karlsruhe.de State: Berlin Name: FSD-Stiftung, Erstaufnahme-/Clearingstelle (EAC) Address: Wupperstrasse 17, 14167 Berlin, Germany Phone: 030-481 62 80 / Fax: 030-481 628 350 Email: info.eac@fsd-stiftung.de State: Brandenburg Name: Diakonisches Werk Oberland-Spree e.V. Jugendprojekt ALREJU Address: Luise-Hensel-Str. 5-7, 15517 Fürstenwalde, Germany Phone: 03361 / 77 46 0 / Fax: 03361 / 77 46 22

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Email: alreju@diakonie-ols.de State: Hessen (Hesse) Name: Valentin-Senger-Haus Aufnahmeheim für UMF der AWO Address: Euckenstr.40, 65929 Frankfurt, Germany Phone: 069 / 339 906 22 / Fax: 069 / 339 906 33 Name: Clearingstelle der Stadt Gießen Address: Berliner Platz 1, 35390 Gießen, Germany State: Niedersachsen (Lower Saxony) Name: Sozialwerk Nazareth Address: Friedenstr.1, 26506 Norden-Norddeich, Germany Phone: 04931 / 179171 / Fax: 04931 / 179101 State: Nordrhein-Westfalen (North Rhine-Westphalia) Name: AWO Dortmund – Clearingstelle Phone: 0231/98513010 State: Sachsen-Anhalt (Saxony-Anhalt) Name: Clearingstelle Sachsen-Anhalt Address: Lemsdorfer Weg 36, 39112 Magdeburg, Germany Phone: 0391 / 623 2826 / Fax: 0391 / 623 2826 3.1.2 Counseling facilities The following organizations offer counseling for minor asylum seekers and mediation of guardianships. Partly the guardianships are offered by associations themselves, some institutions search for people willing to be guardians:

• Katholisches Jugendsozialwerk München e.V. Website: http://www.kjsw.de/text.php?id=114

• Kinderschutz e.V. in Munich

Website: http://www.kinderschutz.de/angebote/alphabetisch/vormundschaft

• AG Dritte Welt e.V. Stuttgart Website: http://www.agdw.de

• Wohngemeinschaft für Flüchtlingskinder Nürnberg e.V. Website: http://www.fluechtlingskinder-nuernberg.de/startseite.php?SID=00d6a2cfa01bea4b657754cb82426627

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• Fluchtraum Bremen e.V. Website: http://www.fluchtraum-bremen.de/#

• City of Dortmund – youth welfare office

Website:http://www.jugendamt.dortmund.de/jugendamt/project/home/template1.jsp?smi=3.3.4&tid=46882

• FAIRbund e.V. Leipzig

Website: http://www.verein-fairbund.de

• Refugium e.V. Magdeburg Website: http://www.refugium-ev.de/index.htm

• Lifeline Flüchtlingsrat Schleswig-Holstein e.V.

Website: http://www.frsh.de/lifeline_relaunch/in_2.htm 3.1.3 Counseling projects Finally we focus on projects and programs of associations counseling asylum seekers regarding all topics related to their situation. XENIONSince 1986, XENION help traumatized refugees and victims of extreme human rights violations. Their goal is to provide victims of torture, war and other serious human rights violations and their families an area of protection, professional medical and psychotherapeutic help and social support. Free training courses (e.g. legal framework, dealing with trauma, and background knowledge to countries of origin, workshops on intercultural competence, information on educational and vocational training courses). Website: http://www.xenion.org/xenion/de/angebote/mentorenprojekt One of XENION’s projects is the Network AKINDA, which tries to offer individual guardianships for minor asylum seekers. Website: http://www.xenion.org/xenion/angebote/akinda Fluchtpunkt Fluchtpunkt is an auxiliary body of the Evangelical Lutheran Church of North Elbe in Hamburg. Founded in 1994 they fight for the rights and protection of refugees living in Hamburg. Their clients are asylum seekers, people in subsidiary protection and illegal people. Mainly they try to:

• Achieve recognition for the persecuted as political refugees, • Obtain a decent life prospect through a fixed residence for "tolerated" families, • Examine opportunities for people without papers and

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• Seek legalization of a remedy, if required acute emergencies such as serious illness. Website: http://www.fluchtpunkt-hh.de/scroll/aktuelles_neuigkeiten.php, Additionally they offer the services of Kinderfluchtpunkt, a special program for the needs of minor asylum seekers. This program is split into four main activities, which are:

• Consultation services for minors • Family consultation with focus on minors needs • Assessment of need for help • Raising public interest for the needs of minors

Website: http://www.kinderfluchtpunkt.de/site/main/m_neuigkeiten.html Verein für soziale Arbeit und Kultur Südwestfalen e.V. This association offers refugees and migrants advice in matters of social assistance law and immigration law as well as asylum law and child and youth services. Additionally they offer play and support groups for children as well as excursions. Website: http://www.vaks.info AG In- und Ausländer e.V. For more than 15 years the association has been taking care of minors (currently around 40), who had to cope with their escape to Germany. In addition to socio-educational care and support during the asylum procedure lessons in German were given high priority. Website: http://www.agiua.de 3.2 Assistance to obtain a degree The following subchapter presents educational schemes and qualification measures which are supposed to help minor asylum seekers and young migrants to obtain a degree. There are different forms of support such as language courses, help with homework or additional qualifying training. Scholarships are a way to support students financially, so they can focus on their school career and obtain a high degree. The aim of the organizations is social inclusion and better access to the labor market. Having graduated significantly increases the chances of being accepted for vocational training, which in turn makes integration easier. Furthermore, schools offer preparatory courses for recently arrived young migrants with deficient language skills in German. In these separate courses, students with little or no German language skills learn basics in order to prepare them for their life and school career in Germany. Having successfully completed those courses, students usually can be integrated into regular classes.

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StartHAUS GmbH Project: Integration courses for minors with migrant background The integration courses of StartHAUS are aimed at young people who receive social benefits and live in the district of Offenbach. The institution offers language training and career advice, projects, experimental education and professional practical training. The courses run for three months and help to prepare adolescent migrants for vocational training or a job. StartHAUS is supported by ProArbeit, the county of Offenbach and the Federal Office for Migration and Refugees. Website: http://www.starthaus.org/jb_jugendintegrationskurse.htm KUBI e.V. – Association for culture and education Projects: Several projects Turkish and German people in Frankfurt am Main founded the association KUBI in 1993. Their goal is to improve young people’s chances to successfully integrate into the school system and the labor market. Despite the Turkish-German background, KUBI is open to all ethnic groups and wants to promote understanding across cultures. Initiatives include school projects, integration projects and preparatory, supporting or complementary trainings to integrate adolescents into the labor market. For students, KUBI offers homework assistance, conflict management, leisure activities and occupational orientation. Website: http://www.egitim.de/kubi.php4?strLang=deut Caritas Osnabrück Project: SAG JA This project is open for young migrants with insecure residence status. The project supports adolescents and young adults looking for professional perspectives by offering individual counseling, training and placement. Caritas provides information on work permits for young people and on the chances and opportunities young people have in education, training, qualification and work. They also advise about opportunities and ways to prepare for working life. The target group is young migrants between 16 and 27, who have completed compulsory education. The project runs for 3 years and started on 31.12.2007. Website:http://www.dicvosnabrueck.caritas.de/51270.html Multikulturelles Zentrum Trier e.V. Project: Projekt Bildung2

This project is aimed at unaccompanied minor asylum seekers and works in the areas of education, social care and policy and asylum-related issues. The project includes courses preparatory and complementary to school in which young refugees acquire basic knowledge in different school subjects.

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Website: http://www.kulturlotsen.org/smt/index.php?option=com_content&view=article&id=4&Itemid=23 Why not? Internationales Diakoniecafé e.V Verikom -Verbund für interkulturelle Kommunikation und Bildung e.V. basis & woge e.V. Project: Network AQUABA for refugees - Network for counseling, training and assistance in training and work AQUABA aims to facilitate the integration of refugees with insecure immigration status and in subsidiary protection who look for jobs and training opportunities. Often, refugees can only start a job in the first labor market if they previously completed an appropriate qualification. Apart from counseling AQUABA offers educational courses, vocational skill trainings and supports migrants during the transition phase from school to job. Website: http://www.verikom.de/aquaba.htm Arbeitskreis Asyl Weiden e.V. The association offers homework supervision and advice. About 140 children from refugee and migrant families in the Weiden region get support so they are able to meet the demands of school. They learn the German language and acquire knowledge about German culture. Furthermore, they acquire skills that are fun – such as cycling or swimming. In addition, families receive help in coping with a variety of everyday problems; for example administrative procedures or interviews with teachers. Website: http://www.fluechtlingskinder.de FAIRbund e.V. Project: Interkultureller Kontaktkreis i-konta The target group of this association is unaccompanied minor asylum seekers aged 14-18 years. FAIRbund offers language courses (literacy), excursions and team sport activities and aims to improve the language and social skills of young asylum seekers. Website: http://www.verein-fairbund.de/projekte/ikonta.html Gesamtschule Rodenkirchen Integrated into the normal school life the Gesamtschule Rodenkirchen has been offering so called international preparation classes for 10 years. Minors of different nationalities and ages, who speak little or no German, study together. After one year they are ready to proceed to a regular class with the goal to graduate. Website: http://www.gesamtschule-rodenkirchen.de/index.php?option=com_content&view=category&layout=blog&id=20&Itemid=25

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Friedrich-Ebert-Schule Schwalbach a.Ts. This school offers language crash courses of 20 hours per week, which run one year. At the same time, students participate in normal school classes a couple of hours per week so they can meet other pupils and settle into school life. Additionally they participate in a work group where they can test their language skills while learning practical things. After completing the year the students should be able to understand lessons in normal classes. Website: http://www.meineigs.de/intensivklassenkonzept.html START Stiftung Student scholarship Since 2002, the START student scholarship for teenagers with migration background has been available. Even children of refugees are encouraged to apply. Successful applicants receive a monthly training allowance, a computer with Internet facilities as well as intensive counseling and monitoring. They participate in numerous educational events as part of the scholarship. They acquire skills that help them to stand up for themselves and get involved in society. The goal is to encourage pupils to choose a higher education path and to facilitate the transition to the secondary school level. Supported by the Pro Asyl foundation, START wants to provide individual perspectives for young refugees. Website: http://www.start-stiftung.de 3.2 Vocational preparation schemes The category “vocational preparation schemes” presents concrete schemes to prepare and qualify adolescent asylum seekers and refugees so they can start a professional training and integrate into the labor market. This is achieved in special courses and trainings. EIBE - Eingliederung in die Berufs- und Arbeitswelt This scheme aims to integrate young adults into the labor market and the working world and runs for one year. It is offered in addition to the regular preparatory courses at vocational schools. EIBE is open for young adults who have to attend school full time (according to § 59 paragraph 3 of the Hessian school law), who have attended school for at least nine years and have completed eighth grade. EIBE offers special language training, internships and the opportunity to gain individual qualifications, which improve chances to be accepted for vocational education. Furthermore they offer young adults to complete the certificate of secondary education including an examination of a job-related project. Website: http://www.eibe-online.de/info_allg/info_allg.html

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Federal Employment Agency The Federal Employment Agency offers vocational preparation schemes for young adults, which help to integrate them into the labor market and increase chances to be accepted for vocational training. Website: http://www.arbeitsagentur.de/nn_26268/zentraler-Content/A05-Berufl-Qualifizierung/A051-Jugendliche/Allgemein/Berufsvorbereitende-Bildungsmassnahmen.html Euro Trainings Centre Project: Task force 4: Education and training advice for young refugees Young refugees and asylum seekers (aged 15-24 years) with insecure immigration status get the opportunity to participate in educational trainings. Additionally the centre offers individual counseling and internship placements, which can help young migrants to get an apprenticeship position. are The Department of Labor and Economic Development of the city of Munich supports the projects of the Euro Trainings Centre. Website: http://www.etcev.de/migration/task_force_4.html Flüchtlingsrat Niedersachsen Project: Child and youth project – vocational integration of young refugees Together with terre des hommes they promote the social integration of young refugees, whose residence status is not secure. The Refugee Council wants to help young refugees to access education and training. Individual and group counseling are offered, and young refugees can participate in language courses and other trainings. In addition, the Refugee Council campaigns in offices, schools, youth centers and enterprises for greater support for young people. Website: http://www.nds-fluerat.org/projekte/fluechtlingskinder SchlaU-Schule München SchlaU stands for „Schulanaloger Unterricht für unbegleitete, minderjährige Flüchtlinge“ (school equivalent education for unaccompanied minor refugees). The “SchlaU” school is a recognized supplementary school in Munich. Even though the focus is on language skills and literacy, the school also aims to strengthen the personalities of the often traumatized youngsters by education. Within two or three years the refugees acquire the key skills and competences they need in order to start a vocational training or a job. In the last year of school (≈ 95% of all students complete the certificate of secondary education), the students complete internships in companies. After graduation, most of the students get apprenticeship positions (current rate: 75-80%). Some continue their education at regular secondary schools. Website: http://www.schlau-schule.de

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INBI Mainz – Institute for the Promotion of Education and Integration Projects: Several projects and qualification opportunities INBI helps migrants to orientate in their new environment. The consultancy is run by volunteers and covers the areas of education, work and family. The target group is young people with migrant background. Contents of counseling are: skills assessment, language learning support, application training, vocational preparation, internships, trainings and jobs. Professional qualification opportunities – Projects by the Employment Agency and the Job Centre: The INBI holds a variety of professional qualification seminars for unemployed people in conjunction with the Employment Agency Mainz and the Job Centre for Integration into the Mainz Job Market. The aim is to set the stage for the participants for a fast (re-)entry into the regular labor market. Website: http://www.inbi-mainz.de/en/home Arbeit und Bildung e.V. Project: KUMULUS KUMULUS counsel young people with migration background living in Berlin and help to place them in apprenticeship positions. Advice on qualifications, information about educational training, vocational guidance, and assistance in the application process, socio-educational support and job placement are crucial for the integration into the labor market. The aim of KUMULUS is to help young people to find a vocational training position. Website: http://www.aub-berlin.de/fuer-jugendliche/kumulus Berufliche Schule für Recycling und Umwelttechnik Hamburg Project: Vocational preparation for migrants (BVJM) This vocational school provides education for young migrants, which takes two years full-time study. The certificates to be achieved are equivalent to secondary school degrees, which increases the chances of graduates on the labor market. Website: http://www.gewerbeschule-8.de/index.php/article/detail/1104 Ausbildung statt Abschiebung (AsA) e.V. Bonn Mediating training courses for young refugees The association AsA is aimed at young refugees aged 14 to 27 years in the region of Bonn and the Rhine-Sieg-Kreis. Most of these young people have an uncertain residence status and are only tolerated for a limited amount of time. AsA aims to improve the future prospects of the young adult refugees. They support them with individual remedial education for vocational school, and they accompany them in the transition from school to working life and during training. AsA also offers life support, counseling and assistance for job application. Websites: www.asa-bonn.org

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Volkshochschule München Project: FLÜB&S – Flüchtlinge in Beruf und Schule Minor asylum seekers have the opportunity to acquire the CSE degree in the project FLÜB&S. They receive special training in German as a second language. Goals are also the development of professional perspectives and the inclusion of additional offers such as conflict solution and health prevention training. In addition, the participants have the opportunity to test their professional interests and skills in an internship. Throughout the course participants are supported by social educators. Website: http://www.mvhs.de/3.1/mvhs.de/index.php?StoryID=1929&show=Bereich&BereichID=79023 3.3 Social education This category presents schemes for young asylum seekers by organizations and associations, mostly art and drama projects. Through acting and performance children and young adults can express the things they cannot talk about. Play therapy helps them to sort out their sometimes confusing emotions. Jugendliche ohne Grenzen (JOG) JOG is a self-help organization consisting of about 100 young people aged 15 to 30 years, who live in different cities throughout Germany. The majority of them are tolerated, but there are also young people with permanent residence status. It is important for them to stand up for their rights as tolerated persons and they want to fight for staying in Germany. The website “Jogspace” provides a platform for asylum seeking people to express their opinions and ideas to the public. They are connected with „Hiergeblieben“, an action alliance for the entire right of abode for children, adolescents and adults, and the full implementation of the UN Children's Rights. They are in turn connected with the GRIPS theatre Berlin. Together they developed the play “SOS for Human Rights”. Websites: http://www.jogspace.net/start.html, http://www.hier.geblieben.net, http://www.grips-theater.de. Children for Tomorrow Children for Tomorrow provide psychiatric and psychotherapeutic diagnostic and therapy for children and adults, as well as inpatient treatment and art therapy, counseling, supervision and training in Hamburg. Their services are open to refugee children and their families living in Hamburg. For example, they offer a theatre project (for unaccompanied minors), which helps to process trauma, and to develop new self-confidence and talent. Website: http://www.children-for-tomorrow.de

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UNO – Flüchtlingshilfe The UNO provides art therapy for traumatized refugee children. In individual therapy and group therapy they can process their fears, needs and desires with the help of hand puppets, stuffed animals, action figures, kneading, painting, or role-playing. Website: http://www.uno-fluechtlingshilfe.de/?page=135

4. Bibliography Dieckhoff, Petra (Hrsg.) (2010): Kinderflüchtlinge. Theoretische Grundlagen und berufliches Handeln. VS Verlag: Wiesbaden. Federal Office for Migration and Refugees (2011): Aktuelle Zahlen zu Asyl. Nürnberg.

Federal Office for Migration and Refugees (2010): The Granting of Non-EU Harmonised Protection Statuses in Germany. Working Paper 30. Nürnberg.

Federal Office for Migration and Refugees (2009): Unaccompanied Minors in Germany. Reception, return and integration arrangements. Working Paper 26. Nürnberg.

Krappmann, Lothar et al. (Hrsg.) (2009): Bildung für junge Flüchtlinge – ein Menschrecht. Erfahrungen, Grundlagen und Perspektiven. Bertelsmann Verlag: Bielefeld. Kauffmann, Heiko & Albert Riedelsheimer (Hrsg.) (2010): Kindeswohl oder Ausgrenzung? Flüchtlingskinder in Deutschland nach der Rücknahme der Vorbehalte. Von Loeper Verlag: Karlsruhe. Pro Asyl Förderverein. Löhlein, Harald: Fluchtziel Deutschland, in: Dieckhoff, Petra (Hrsg.) (2010): Kinderflüchtlinge. Theoretische Grundlagen und berufliches Handeln. VS Verlag: Wiesbaden. Peter, Erich (2009): Das Recht des statuslosen Kindes auf Bildung. In: Krappmann, Lothar et al. (Hrsg.): Bildung für junge Flüchtlinge – ein Menschrecht. Erfahrungen, Grundlagen und Perspektiven. Bertelsmann Verlag: Bielefeld. Riedelsheimer, Albert & Irmela Wiesinger (Hrsg.) (2004): Der erste Augenblick entscheidet. Clearingverfahren für unbegleitete minderjährige Flüchtlinge in Deutschland. Standards und Leitlinien für die Praxis. Von Loeper Verlag: Karlsruhe. Rieger, Uta: Kinder auf der Flucht, in: Dieckhoff, Petra (Hrsg.) (2010): Kinderflüchtlinge. Theoretische Grundlagen und berufliches Handeln. VS Verlag: Wiesbaden.

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Internet sources Information on the Amsterdam Treaty, in German: http://www.juraforum.de/lexikon/amsterdamer-vertrag, Access 19.11.2010. Information on the Maastricht Treaty, in German: http://www.juraforum.de/lexikon/maastrichter-vertrag, Access 19.11.2010. http://de.wikipedia.org/wiki/Vertrag_von_Maastricht, Access 19.11.2010. Information on Asylum and Immigration, in German: http://www.eu-info.de/europa/EU-Asyl-Einwanderung, Access 22.11.2010. Information on Convention on the Rights of the Child, in German:http://www.asyl.net/index.php?id=216, Access 22.11.2010. Information on social benefits for minors, in German: http://www.fluechtlingsinfo-berlin.de/fr/asylblg/PM_Hartz_IV_AsylbLG_28_09_2010.pdf, Access 10.01.2011. Information on National Asylum and Return Policy of Germany, in German: http://www.erso-project.eu/partners/national-asylum-return-policy/germany, Access 13.01.2011. The Federal Association of unaccompanied minors in Germany: http://www.b-umf.de, Access 22.11.2010. Koenigs, Tom: Schriftliche Stellungnahme anlässlich der Pressekonferenz "Kindeswohl oder Ausgrenzung ? – Zur Situation von Flüchtlingskindern in Deutschland nach der Rücknahme der Vorbehalte“ am 16. September 2010 http://www.proasyl.de/fileadmin/fm-dam/f_Presse/Koenigs_Schriftl_Stellungnahme_PK.pdf, Access 28.02.2011 Internet sources on German laws Asylum Procedure Act, in German: http://www.gesetze-im-internet.de/asylvfg_1992/index.html, Access 18.11.2010. Asylum Procedure Act, in English: http://www.iuscomp.org/gla/statutes/AsylVfG.htm, Access 11.01.2011. Asylum Seekers Benefit Act, in German: http://www.gesetze-im-internet.de/asylblg/index.html, Access 18.11.2010.

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German Basic Law, in German: http://www.gesetze-im-internet.de/gg/index.html, Access 18.11.10. German Basic Law, in English: http://www.iuscomp.org/gla/statutes/GG.htm, Access 11.01.2011. German Civil Code, in German: http://www.gesetze-im-internet.de/bgb, Access 18.11.2010. German Civil Code, in English: http://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html, Access 21.02.2011. Residence Act, in German: http://www.gesetze-im-internet.de/aufenthg_2004, Access 18.11.2010. Residence Act, in English: http://www.iuscomp.org/gla/statutes/AufenthG.htm, Access 11.01.2011. School laws of the 16 states of the Federal Republic of Germany, in German: http://www.kmk.org/dokumentation/rechtsvorschriften-und-lehrplaene-der-laender/uebersicht-schulgesetze.html, Access 22.02.2011. Internet sources on European laws Convention for the Protection of Human Rights and Fundamental Freedom, in German: http://dejure.org/gesetze/MRK, Access 18.11.2010. Convention on the Rights of the Child, in German: http://www.aufenthaltstitel.de/unkinderrechtskonvention.html, Access 18.11.2010. Convention on the Rights of the Child, in English: http://www2.ohchr.org/english/law/crc.htm, Access 11.01.2011. Convention relating to the Status of Refugees, in English: http://www2.ohchr.org/english/law/refugees.htm, Access 17.12.2010. Treaty on the functioning of the European Union, in German: http://dejure.org/gesetze/AEUV/78.html, Access 19.11.2010. Internet sources on Best Practices AG Dritte Welt e.V. Stuttgart http://www.agdw.de, Access 19.11.2010.

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AG In- und Ausländer e.V. http://www.agiua.de, Access 22.02.2011. AQUABA http://www.verikom.de/aquaba.htm, Access 21.01.2011. Arbeit und Bildung e.V. http://www.aub-berlin.de/fuer-jugendliche/kumulus, Access 19.11.2010. Arbeitskreis Asyl Weiden e.V. http://www.fluechtlingskinder.de, Access 22.02.2011. Ausbildung statt Abschiebung (AsA) e.V. Bonn http://www.asa-bonn.org, Access 11.01.2011. Berufliche Schule für Recycling und Umwelttechnik Hamburg http://www.gewerbeschule-8.de/index.php/article/detail/1104, Access 22.02.2011. Caritas Osnabrück http://www.caritas-os.de/51270.html, http://www.equal-saga.info/fp.html, Access 17.02.2011. Children for Tomorrow http://www.children-for-tomorrow.de, Access 17.12.2010. City of Dortmund – youth welfare office http://www.jugendamt.dortmund.de/jugendamt/project/home/template1.jsp?smi=3.3.4&tid=46882, Access 19.11.2010.

Diözesan-Caritasverband Köln e.V. / Therapiezentrum Folteropfer

http://caritas.erzbistum-koeln.de/koeln_cv/zuwanderer_fluechtlinge/therapiezentrum_folteropfer/index.html, Access 22.02.2011. EIBE - Eingliederung in die Berufs- und Arbeitswelt http://www.eibe-online.de/info_allg/info_allg.html Access 15.01.2011. Euro Trainings Centre http://www.etcev.de/migration/task_force_4.html, Access 20.01.2011. FAIRbund e.V. interkultureller Kontaktkreis i-konta http://www.verein-fairbund.de/projekte/ikonta.html, Access 19.11.2010.

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Fluchtpunkt http://www.fluchtpunkt-hh.de/scroll/aktuelles_neuigkeiten.php, http://www.kinderfluchtpunkt.de/site/main/m_neuigkeiten.html, Access 22.02.2011. Fluchtraum Bremen e.V. http://www.fluchtraum-bremen.de/#, Access 19.11.2010. Flüchtlingsrat Niedersachen http://www.nds-fluerat.org, Access 15.02.2011. Friedrich-Ebert-Schule Schwalbach a.Ts. http://www.meineigs.de/intensivklassenkonzept.html, Access 22.02.2011. Gesamtschule Rodenkirchen http://www.gesamtschule-rodenkirchen.de/index.php?option=com_content&view=category&layout=blog&id=20&Itemid=25, Access 22.02.2011. GRIPS Theater http://www.grips-theater.de, http://www.hier.geblieben.net, Access 19.11.2010. INBI Mainz http://www.inbi-mainz.de/en/home, Access 22.02.2011. Jugendliche ohne Grenzen http://www.jogspace.net/start.html, Access 19.11.2010. Federal Employment Agency http://www.arbeitsagentur.de/nn_26268/zentraler-Content/A05-Berufl-Qualifizierung/A051-Jugendliche/Allgemein/Berufsvorbereitende-Bildungsmassnahmen.html, Access 21.02.2011. Katholisches Jugendsozialwerk München e.V. http://www.kjsw.de/text.php?id=114, Access 19.11.2010 Kinderschutz e.V. München http://www.kinderschutz.de/angebote/alphabetisch/vormundschaft, Access 19.11.2010. KUBI e.V. http://www.egitim.de/kubi.php4?strLang=deut, Access 15.01.2011. Lifeline Flüchtlingsrat Schleswig-Holstein e.V. http://www.frsh.de/lifeline_relaunch/in_2.htm, Access 19.11.2010.

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Multikulturelles Zentrum Trier e.V. http://www.kulturlotsen.org/smt/index.php?option=com_content&view=article&id=4&Itemid=23, Access 21.01.2011. START Stiftung http://www.start-stiftung.de, Access 15.01.2011. Volkshochschule München http://www.bbinet.de/db/bvm/show_massnahme.php?i=93, Access 22.02.2011. Refugium e.V. Magdeburg http://www.refugium-ev.de/index.htm, Access 19.11.2010. SchlaU-Schule München http://www.schlau-schule.de, Access 25.01.2011. StartHAUS GmbH http://www.starthaus.org/jb_jugendintegrationskurse.htm, Access 21.01.2011. UNO Flüchtlingshilfe http://www.uno-fluechtlingshilfe.de/?page=135, Access 17.12.2010. Verein für soziale Arbeit und Kultur Südwestfalen e.V. http://www.vaks.info, Access 21.01.2011. Wohngemeinschaft für Flüchtlingskinder Nürnberg e.V. http://www.fluechtlingskinder-nuernberg.de/startseite.php?SID=00d6a2cfa01bea4b657754cb82426627, Access 19.11.2010. XENION with the network AKINDA http://www.xenion.org/xenion/de/angebote/mentorenprojekt, http://www.xenion.org/xenion/angebote/akinda, Access 21.01.2011.

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Annex: Diagram of the Basic Structure of the Educational System in Germany

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