Unravelling Gender-Based Persecution in Germany’s Asylum Process: A Qualitative Comparative Analysis of Legal and Judicial Practices

The research aims to identify flaws and biases in the asylum determination process for women whose claims were initially rejected, before appealing these decisions through administrative courts. The paper analyses the asylum process, including the initial decision and the appeal outcomes for women seeking international protection based on gender-based persecution in Germany. It evaluates whether the asylum determination process upholds asylum seekers' rights and ensures procedures aligned with contemporary standards on gender-based protection, specifically addressing women’s protection needs. The paper examines how the Federal Office for Migration and Refugees, along with regional administrative courts, handle claims of gender-based persecution. By comparing decisions from the Federal Office, followed by court rulings, it highlights potential systemic challenges and biases within the German asylum system. Additionally, the paper assesses improvements in procedures following Germany's ratification of the Istanbul Convention and evaluates the effectiveness of the asylum process in protecting women from gender-based violence in line with international protection standards.