Welcome to migrationsrecht.eu!

According to its press release, the First Senate issued a ruling on 16 April 2025 (BVerwG 1 C 18.24) on the internal migration of Greek refugees to Germany who are leaving Greece despite having been granted refugee status due to poor living conditions. The First Senate found that single, employable and non-vulnerable persons entitled to international protection are not currently at risk of degrading or inhuman living conditions upon return to Greece that would result in a violation of their rights under Article 4 of the EU Charter of Fundamental Rights. Asylum applications from this group of persons in Germany can therefore be rejected as inadmissible under Section 29(1)(2) of the Asylum Act (AsylG) in accordance with EU law. The decision clarifies the situation in Greece, which is the destination country and has been the subject of controversy in the higher courts with regard to deportation. Read more ...

In its judgment of 17 March 2025 (Ref. 10 BV 24.700), the Bavarian Higher Administrative Court (BayVGH) ruled that the personal check of an Austrian citizen carried out on 11 June 2022 in the train from Passau to Frankfurt as part of the temporarily reintroduced checks at the German-Austrian border was unlawful. Read more ...

The horrific act in Aschaffenburg has led to sweeping accusations in the election campaign, but not to a sober analysis of the problem. The parallel to the attack in Solingen is striking. Both the Afghan perpetrator in Aschaffenburg and the Syrian perpetrator in Solingen came to Germany via Bulgaria and applied for asylum here. Although the Federal Office for Migration and Refugees rejected the implementation of an asylum procedure in Germany under the Dublin System and issued deportation orders to Bulgaria, the individuals concerned were not deported, even though Bulgaria agreed to take back the asylum seekers. But what are the reasons for the failure of repatriation? Read more ...