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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.

In its ruling of 19 February 2026 (Ref.: 1 C 16.25), the First Senate of the Federal Administrative Court made an important decision regarding refugees who have been granted international protection in another Member State and who migrate to Germany in order to reside there permanently. These refugees who have migrated further may lose their protection status and be deported to their home country if they apply for asylum in Germany. In future, recognised refugees will have to weigh up whether they want to take this risk solely with a view to improving their living conditions. This decision will put a lasting stop to the internal migration of recognised refugees.

In its ruling of November 20, 2025 (Ref.: 1 C 28/24), the First Senate of the Federal Administrative Court decides on an important question of the division of responsibilities between the immigration authorities and the Federal Office for Migration and Refugees. According to this ruling, the immigration authority, and not the Federal Office for Migration and Refugees (Federal Office), has jurisdiction over applications for the reopening of proceedings with the aim of isolating the revocation of a final threat of deportation under asylum law and a final entry and residence ban outside of follow-up asylum proceedings.

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.