Welcome to migrationsrecht.eu!

For the latest news on German and EU immigration and asylum law

Migrationsrecht.eu is dedicated to reporting on the latest developments in European and German immigration and asylum law. Interest in German immigration and asylum policies outside of Germany has steadily been increasing ever since the recent influx of asylum-seekers and migrants into Germany and Europe began in 2015.

Our objective is to inform legal professionals from other EU countries as well as English-speaking foreigners living in Germany about the German government’s recent policy changes and the recent decisions made by the German courts, which address important legal issues affecting migrants and asylum-seekers. As Germany is bound to uphold EU law, the legal landscape is also subject to ongoing changes taking place at the European level, such as new EU directives and rulings issued by the Court of Justice of the European Union.

The migrationsrecht.eu team looks forward to keeping you informed of these developments as well as those taking place on a national level in Germany.

The 3rd Senate of the Hessian Administrative Court ruled on 13 May 2024 (Ref.: 3 B 791/23) that foreign nationals from third countries who had a temporary right of residence in Ukraine and were displaced as a result of the war are not entitled to a residence permit under Section 24 (1) of the Residence Act. Previously, such foreigners (e.g. students or employees) had been granted a residence permit if it was not reasonable or possible for them to return safely and permanently to their home country.

In the current political situation, asylum procedure times are in the public eye. This is because the limitation of irregular migration through the repatriation of rejected asylum seekers is limited by the duration of asylum proceedings at the administrative courts. While the average duration of court proceedings in 2022 was still 26 months, this could be reduced to 21.9 months in 2023.

On November 22, 2022, the Court of Justice of the European Union issued a decision on the impact of an illness on the issuance of a return decision. The decision does not have a significant impact on the system of German law, which distinguishes between the power to issue a deportation order and the possibility to suspend deportation.