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Explanation: 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.
-------------------------------------------------- Note added at 1 day 2 hrs (2017-12-20 21:34:46 GMT) --------------------------------------------------
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".
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. 4 KudoZ points were awarded for this answer
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.
"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."
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)
Australia
20:37 Dec 22, 2017
:-) Question is closed already. Enjoy your Christmas break !
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.
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
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)
Australia
19:09 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.
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
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.
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).
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.
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.
Automatic update in 00:
Answers
2 hrs confidence:
asylum
Explanation: I think it's that simple - see the discussion entries. The decision appears to be simply rejecting an asylum application.
philgoddard United States Specializes in field Native speaker of: English PRO pts in category: 198
Notes to answerer
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.
18 mins confidence:
preferential treatment..under asylum law
Explanation: 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."
Michael Martin, MA United States Local time: 06:04 Specializes in field Native speaker of: German, English PRO pts in category: 364
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."
Lancashireman United Kingdom Local time: 11:04 Native speaker of: English PRO pts in category: 328
entitlement to protection under (German) asylum law
Explanation: 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.
-------------------------------------------------- Note added at 1 day 2 hrs (2017-12-20 21:34:46 GMT) --------------------------------------------------
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".
Daniel Arnold (X) Australia Local time: 12:04 Specializes in field Native speaker of: German, English PRO pts in category: 32
Grading 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.
Explanation: 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.
-------------------------------------------------- Note added at 1 day 18 hrs (2017-12-21 13:40:33 GMT) --------------------------------------------------
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 ...
-------------------------------------------------- Note added at 1 day 18 hrs (2017-12-21 13:49:09 GMT) --------------------------------------------------
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.
-------------------------------------------------- Note added at 1 day 18 hrs (2017-12-21 13:51:20 GMT) --------------------------------------------------
I would say this is referring to asylum not refugee status in Germany.
-------------------------------------------------- Note added at 1 day 18 hrs (2017-12-21 13:52:38 GMT) --------------------------------------------------
I have just seen Beatrix's entry in Phil's question box and the context is Germany not the US.
-------------------------------------------------- Note added at 1 day 18 hrs (2017-12-21 13:54:59 GMT) --------------------------------------------------
Phil's answer is equally correct, I think.
Teangacha (X) Ireland Local time: 11:04 Native speaker of: English PRO pts in category: 4
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