In telephone interviews on 29 and 31 January 1996, the consul general of the Embassy of the Federal Republic of Germany in Washington provided the following information. Children born in Germany after 1989 to parents who were not ethnic Germans or German citizens, and who were claiming refugee status at the time of the birth, would not be considered German citizens or have a claim to German citizenship.

Generally speaking, if a person is born in Germany at least one of the parents must be a German citizen in order for that child to be considered a German citizen. There are two methods for young foreigners in Germany to obtain German citizenship. The first method is under the authority of the Aliens Act of 9 July 1990, which gives persons over 16 and under 23, and who meet certain conditions, a claim to German citizenship.

The other method is not based upon a claim, but results from discretionary powers of the German states. These discretionary powers allow citizenship to be conferred upon individuals (and their offspring) who are judged appropriate by meeting certain criteria. One criterion is the length of time spent in Germany; a short length of time would almost certainly prevent someone from receiving citizenship. Whether those born after 1989 in Germany would be given German citizenship based upon the discretionary powers would depend on numerous factors. However, all children are eligible to have someone apply on their behalf for German citizenship based on the discretionary powers.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Embassy of the Federal Republic of Germany, Washington. 31 January 1996. Telephone interview with consul general.

_____. 29 January 1996. Telephone interview with consul general.