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grundmodig
Ableitungsbedingung
Dec 19, 2017 19:19
6 yrs ago
1 viewer *
German term

asylrechtliche Begünstigung

German to English Law/Patents Law (general)
Bescheid in einem Asylverfahren:

Eine asylrechtliche Begünstigung ist nach Aktenlage auch nicht aus anderen Gründen gerechtfertigt.

Based on the records, there are no other reasons to justify the benefit of asylum.

Kann man das so stehen lassen? Oder gibt es da einen feststehenden Ausdruck auf Englisch?
Proposed translations (English)
4 entitlement to protection under (German) asylum law
4 asylum
3 preferential treatment..under asylum law
3 the right to remain
3 Refugee/Asylum status
3 favorable treatment under asylum law

Discussion

Björn Vrooman Dec 23, 2017:
"Did I get it?"
- Yes, yes you did.
Herbmione Granger Dec 23, 2017:
Begünstigung I don't see this as a special meaning of Begünstigung, but I can't think of a decent English equivalent for the substantive in this case.

https://www.hm.edu/allgemein/aktuelles/news/news_detailseite...
Doch nicht nur das Lernen an sich, sondern auch das Schreiben mit der Hand begünstige die kognitiven Fähigkeiten: Dafür seien mehr kognitive Prozesse nötig als für das Tippen auf einer Tastatur.

http://www.supersmart.com/de--Aminosauren--Arginine-Alpha-Ke...
die Begünstigung der Hämodilution (Blutverdünnung)...
Das Wachstumshormon begünstigt einen anabolischen Stoffwechsel...
die Begünstigung der Wundheilung...

Perhaps one doesn't need to:
https://www.duden.de/rechtschreibung/Asylrecht
2. Recht souveräner Staaten, aus politischen, religiösen oder anderen Gründen Verfolgten Asyl zu gewähren

So: Based on..., the asylum that you seek (or refugee status) cannot be granted/afforded.

Glühwein favours a "Merry" Christmas. (Did I get it?)
Lancashireman Dec 23, 2017:
entitlement to [border] protection "I am a regular translator for the Australian Immigration and Border Protection Dept ... a decision was made that the refugee had no entitlements under the Act."
Björn Vrooman Dec 22, 2017:
PS The asker's question was: "Oder gibt es da einen feststehenden Ausdruck auf Englisch?"

I've tried to find an EN equivalent, but I wasn't entirely sure what was best here. I am not particularly fond of "asylum law" (and I gathered you weren't either) because in Germany, the "right to asylum" starts with Article 16a of the country's "constitution," if you will, the Basic Law: https://www.gesetze-im-internet.de/gg/art_16a.html

It's not the same in other countries, so if one already glosses over the differences here, I am not sure it matters whether you distinguish between the three/four types of "Asylstatus" elsewhere in the document.

In any case, you're right about taking a break, but maybe this can be of some help to a future asker.

Thanks, you too, and don't take the "Merry" in Christmas too far (my American friends probably won't get the joke).

Best
Daniel Arnold (X) Dec 22, 2017:
:-) Question is closed already. Enjoy your Christmas break !
Björn Vrooman Dec 22, 2017:
I believe I've read something about "temporary protection" in AUS; in the UK, it all seems to come down to "refugee status."

In German:
"die Verhängung oder Vollstreckung der Todesstrafe,
Folter oder unmenschliche oder erniedrigende Behandlung oder Bestrafung oder
eine ernsthafte individuelle Bedrohung des Lebens oder der Unversehrtheit einer Zivilperson infolge willkürlicher Gewalt im Rahmen eines internationalen oder innerstaatlichen bewaffneten Konflikts"
http://www.bamf.de/DE/Fluechtlingsschutz/AblaufAsylv/Schutzf...

That's where "subsidiär" comes in. And Chapter 5.1 [emphasis mine]:
https://www.gov.uk/government/uploads/system/uploads/attachm...
"Examples of material facts can include a claimant’s personal circumstances e.g. gender, nationality, ethnicity, membership of a political party, religious beliefs, sexual orientation, and past experiences of ill-treatment e.g. arrests, periods of detention and torture, locations and episodes of threats or violence at the hands of state or non-state agents."

That's a match, isn't it? It makes things complicated.
Björn Vrooman Dec 22, 2017:
Hello Daniel I apologize, haven't been here for nearly two days.

I suppose I should have been more clear: My comment was in response to the post below mine. The phrase "preferential treatment" just doesn't factor in here at all.

I didn't want to mull over the nitty-gritty details here, since I thought I had posted a helpful reference. I didn't seem to get a reply, nor did I really see any other discussion post before today and I still have to finish up some things before this Sunday.

You are correct, of course, that Germany distinguishes between
1) subsidiärer Schutz
2) Flüchtlingsschutz
3) Asylberechtigung

You could even say there are four: https://www.anwalt.org/asylrecht-migrationsrecht/fluechtling...

In the UK, this is about asylum seeker (Asylbewerber) -> refugee status. I thought it was the same in Australia:
"An asylum seeker is a person who has sought protection as a refugee, but whose claim for refugee status has not yet been assessed. Every refugee has at some point been an asylum seeker."
https://www.ssi.org.au/faqs/refugee-faqs/149-what-is-the-dif...

[...]
Daniel Arnold (X) Dec 22, 2017:
I've come across it before in an Australian refugee context (I am a regular translator for the Australian Immigration and Border Protection Dept. ), very similar context to this one where a decision was made that the refugee had no entitlements under the Act. Hope that helps mate.
Lancashireman Dec 22, 2017:
Just wondering how you came to the conclusion that the far-from-concise "entitlement to protection" was the term of art?
Daniel Arnold (X) Dec 22, 2017:
Just wondering where your strong reaction "No just no" comes from ?
Björn Vrooman Dec 20, 2017:
No, just no "Widerruf der Asylanerkennung"

Further down:
"die asylrechtliche Begünstigung zu widerrufen"
http://www.landesrecht-bw.de/jportal/?quelle=jlink&docid=JUR...

If that isn't clear enough, then I'm running out of options. It simply means people get their status revoked.

@Beatrix
"The sentence in question is from the decision to revoke the asylum status."
- A-ha. That would have been nice to know yesterday because in principle, I was correct with all that I had posted, except for my opposition to "uphold"--although, in my defense, I did say "may."

"...if the more bureaucratic German phrasing demands..."
Can't imagine adding anything besides "status" for more bureaucratese (in the UK). You may be wondering why I used "refugee status" below. In the UK, they are "asylum seekers" whose "refugee status" hasn't been determined yet:
http://sedsh.gov.uk/Topics/People/Equality/Refugees-asylum

Bit different in the States, I guess: https://www.uscis.gov/humanitarian/refugees-asylum

If you want more legalese, use "grounds." Please have a look at the uk.gov document I posted yesterday(!), chapter "Grounds for revoking..."

Best
Lioba Multer Dec 20, 2017:
or preferential treatment relating to asylum
Björn Vrooman Dec 19, 2017:
PS "I am still wondering..."

- This is bureaucratese. Here's something for comparison:
"Begünstigt sind nur Ausländer, die von einem Einzelschicksal betroffen sind."
https://www.migrationsrecht.net/component/com_joomlaw/Itemid...

begünstigt = only under particular circumstances
Björn Vrooman Dec 19, 2017:
Hello Beatrix I don't agree with Michael's version, but with Phil's explanation. They simply "benefit" (=begünstigt) from their status as asylum seekers. And I think it should be records (plural), as you suggested.

Three references:
https://www.nds-fluerat.org/wp-content/uploads/2009/02/infob...
https://www.123recht.net/Ausweisung-nach-30-jahre-__f517416....
http://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS...

In all of the cases above, it'd be about item 1.2 here:
https://www.gov.uk/government/uploads/system/uploads/attachm...

-> revoking refugee status (cessation in this case).

Or:
"there is a significant and non-temporary change in the conditions in the country you came from, so that you no longer qualify for refugee status"
http://rightsofwomen.org.uk/wp-content/uploads/2014/10/Seeki...

Here, it may not be about them trying to justify why they revoke someone's refugee status, but why they don't grant it in the first place (so "upheld" can't be right either).

Cf https://www.migrationwatchuk.org/briefing-paper/70
Beatrix D (asker) Dec 19, 2017:
I am still wondering what "preferential" would mean here. The process for immigration to Germany is completely different from the asylum procedure. I would not consider it "preferential" if an asylum seeker is not allowed, for instance, to work whereas an immigrant can work upon arrival in the country.
philgoddard Dec 19, 2017:
I agree with your suggested translation. I think Michael's idea is on the right lines, because they do in effect receive preferential treatment over other would-be immigrants, but your version is simpler. You could even take out "the benefit of", as it doesn't add much to the sentence.

Proposed translations

1 day 2 hrs
Selected

entitlement to protection under (German) asylum law

Begünstigung in this context means in English that a person has an established (!) entitlement to a right conferred under the "asylum law" in that country. It doesn't necessarily have to be the granting of asylum, it can also mean some deferred action, some subsidiary status, a temporary protection status etc. It's about whether the person has a lawful claim to a right stemming from the respective legislation. The law itself is usually not called "asylum law", but the Germans use that term themselves, so I'd just call it that.

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Note added at 1 day 2 hrs (2017-12-20 21:34:46 GMT)
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BTW, you can also check the meaning of "Begünstigter". In dealings with German authorities, someone who is a "Begünstigter" is a person having a right or an entitlement to some kind of administrative act. That's a very common term in German "Amtsdeutsch".
Reference:

https://www.alrc.gov.au/publications/22-refugee-law/refugee-law-australia-0

http://www.bamf.de/EN/Fluechtlingsschutz/AblaufAsylv/Schutzformen/Asylberechtigung/asylberechtigung-node.html

Something went wrong...
4 KudoZ points awarded for this answer. Comment: "This explanation is indeed very helpful. The concept of "entitlement" does seem to fit best in this context. I was surprised, though, that I could not find the term "Begünstigter" when searching the BAMF website which I have been using extensively while working on this document."
2 hrs

asylum

I think it's that simple - see the discussion entries. The decision appears to be simply rejecting an asylum application.
Note from asker:
More background to the case. The person had been granted asylum but then doubts to his identity arose and the German government the refugee status a few years later. The sentence in question is from the decision to revoke the asylum status. So the question for me is here whether it is sufficient to use the simple translation "asylum" or if the more bureaucratic German phrasing demands something similar in English.
Peer comment(s):
disagree Daniel Arnold (X) : nope, there's much more to it than just granting asylum
23 hrs
agree Teangacha (X)
1 day 15 hrs
Something went wrong...
18 mins

preferential treatment..under asylum law

That might work.

The record shows more than one reason why preferential treatment cannot be upheld under asylum law.

--------------------------------------------------
Note added at 2 hrs (2017-12-19 22:08:15 GMT)
--------------------------------------------------

Eine asylrechtliche Begünstigung ist nach Aktenlage auch nicht aus anderen Gründen gerechtfertigt.

I understand concerns that "preferential treatment"may be overstating the case. Perhaps this would work:

"The record shows more than one reason why asylum status cannot be granted/ why there's no basis for granting asylum."
Peer comment(s):
agree Lioba Multer
1 day 1 hr
disagree Daniel Arnold (X) : unfortunately that's not what this means
1 day 1 hr
Something went wrong...
17 hrs
German term (edited): eine asylrechtliche Begünstigung

the right to remain

https://righttoremain.org.uk/toolkit/claimasylum.html

or, as Björn suggests, refugee status

Asker: "The person had been granted asylum but then doubts to his identity arose and the German government [reviewed] the refugee status a few years later. The sentence in question is from the decision to revoke the asylum status."
Peer comment(s):
neutral philgoddard : It seems a shame to use four words where one will do.
7 hrs
Something went wrong...
1 day 18 hrs

Refugee/Asylum status

It is refugee status if person applied for it outside of the US and asylum status if it was applied for while in the US. You choose!!! : ) See link:
https://www.immihelp.com/gc/asylum.html

VG München, Urteil v. 04.07.2014 – 2 K 13.31039 - Bürgerservice
www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-201...
Es sei beabsichtigt, ihre asylrechtliche Begünstigung zu widerrufen und festzustellen, dass auch keine Abschiebungsverbote nach § 60 Abs. 1 Aufenthaltsgesetz (AufenthG) vorliegen.

https://www.gov.uk/government/uploads/system/uploads/attachm...



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Note added at 1 day 18 hrs (2017-12-21 13:40:33 GMT)
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Refugee/Asylum status is not granted.....

Asylum or Refugee Status: Who Is Eligible? | Nolo.com
https://www.nolo.com/legal-encyclopedia/asylum-or-refugee-st...
People outside of the United States must apply for refugee status. People who have already made it to the U.S. border or the interior (perhaps by using a visa or by entering illegally) can apply for asylum status. Once granted, both statuses allow you to stay in the United States indefinitely. Asylees and refugees are given ...

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Note added at 1 day 18 hrs (2017-12-21 13:49:09 GMT)
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http://www.dw.com/en/types-of-protection-in-germany-for-asyl...

Asylum: The BAMF differentiates between a person with refugee status and a person entitled to asylum. A person receives asylum if he or she is persecuted on political grounds, is subject to serious human rights violations upon returning to the country of origin and has no alternative "of refuge within the country of origin."

According to the BAMF, crises such as poverty, civil wars, natural disasters and so on are ruled out as grounds for granting asylum. Only persecution by the state is considered as a justification for granting asylum, although exceptions can be made.

A refugee could be unable to return to his country of origin because of the fear of being persecuted by state or non-state players, because of his race, nationality, political opinion, religious conviction and so on.

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Note added at 1 day 18 hrs (2017-12-21 13:51:20 GMT)
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I would say this is referring to asylum not refugee status in Germany.

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Note added at 1 day 18 hrs (2017-12-21 13:52:38 GMT)
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I have just seen Beatrix's entry in Phil's question box and the context is Germany not the US.

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Note added at 1 day 18 hrs (2017-12-21 13:54:59 GMT)
--------------------------------------------------

Phil's answer is equally correct, I think.
Something went wrong...
1 day 20 hrs

favorable treatment under asylum law

is how I read it

or 'arising from', 'based on', 'as promulgated by', 'in accordance with', 'as stipulated by', 'in line with' asylum law
Something went wrong...
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