Welcome to migrationsrecht.eu!

In an order published on 22 July 2026 (BvR 319/26), the Second Senate of the Federal Constitutional Court granted a constitutional complaint lodged by Afghan nationals – a mother and her two minor sons.

The complainants were initially accepted for admission to the Federal Republic of Germany as part of the humanitarian admission programme called ‘Human Rights List’ under § 22 second sentence of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet – AufenthG, hereinafter: the Residence Act). The complainants were notified accordingly. Read more ...

The 3rd Senate of the Hessian Administrative Court, which is responsible for immigration law, rejected an appeal by a district against the first-instance decision granting a Ukrainian national provisional legal protection against the rejection of his application for a residence permit for in a ruling dated April 21, 2026. Even though onward migration from an EU member state is generally sufficient to negate the legal entitlement to a residence permit under § 24 of the Residence Act for persons entitled to temporary protection, in the case at hand, the prior residence in Poland on a visa did not lead to the success of the district’s appeal. Read more ...

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. Read more ...