Anonymous

Article 16a: [Right of asylum]
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Protection of stateless persons
1.
Persons persecuted on political grounds shall have the right of asylum.
2.
Paragraph (1) of this Article may not be invoked by a person who enters the
federal territory from a member state of the European Communities or from
another third state in which application of the Convention Relating to the Status
of Refugees and of the Convention for the Protection of Human Rights and
Fundamental Freedoms is assured. The states outside the European
Communities to which the criteria of the first sentence of this paragraph apply
shall be specified by a law requiring the consent of the Bundesrat. In the cases
specified in the first sentence of this paragraph, measures to terminate an
applicant's stay may be implemented without regard to any legal challenge that
may have been instituted against them.
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International human rights treaties
3.
By a law requiring the consent of the Bundesrat, states may be specified in
which, on the basis of their laws, enforcement practices and general political
conditions, it can be safely concluded that neither political persecution nor
inhuman or degrading punishment or treatment exists. It shall be presumed that
a foreigner from such a state is not persecuted, unless he presents evidence
justifying the conclusion that, contrary to this presumption, he is persecuted on
political grounds.
4.
In the cases specified by paragraph (3) of this Article and in other cases that are
plainly unfounded or considered to be plainly unfounded, the implementation of
measures to terminate an applicant's stay may be suspended by a court only if
serious doubts exist as to their legality; the scope of review may be limited, and
tardy objections may be disregarded. Details shall be determined by a law.
5.
Paragraphs (1) to (4) of this Article shall not preclude the conclusion of
international agreements of member states of the European Communities with
each other or with those third states which, with due regard for the obligations
arising from the Convention Relating to the Status of Refugees and the
Convention for the Protection of Human Rights and Fundamental Freedoms,
whose enforcement must be assured in the contracting states, adopt rules
conferring jurisdiction to decide on applications for asylum, including the
reciprocal recognition of asylum decisions.
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International law
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International human rights treaties
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Treaty ratification