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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.

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.

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.