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On 26 January 2021, the 1st Senate of the Federal Administrative Court referred a case to the Court of Justice of the European Union to clarify whether an administrative suspension of the enforcement of a deportation order due to the actual impossibility of deportation as a result of the COVID 19 pandemic is suitable to interrupt the transfer deadline provided for in Art. 29 para. 1 Dublin III Regulation (case reference: BVerwG 1 C 52.20 ).

With the Act on the Adaptation of the Freedom of Movement Act/EU and Other Provisions to Union Law, the legal status of related persons was included in the freedom of movement law in November 2021. The new provision was made to avert a conviction in an infringement procedure of the European Commission (number 2011/2086). Read more ...

The Court of Justice of the European Union ruled in its judgment of 19.11.2020 (C-238/19) that escape from military service in Syria is very likely to be a reason for persecution by the authorities there. In the context of the civil war in Syria, there is a strong presumption that the refusal to perform military service is linked to a ground which may give rise to a right to refugee status. In many cases, that refusal is the expression of political or religious convictions or is based on membership of a particular social group. In its statements on the causality test between the act and cause of persecution, the Court of Justice of the European Union creates scope for granting refugee status in cases of withdrawal from military service. Read more ...