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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 horrific act in Aschaffenburg has led to sweeping accusations in the election campaign, but not to a sober analysis of the problem. The parallel to the attack in Solingen is striking. Both the Afghan perpetrator in Aschaffenburg and the Syrian perpetrator in Solingen came to Germany via Bulgaria and applied for asylum here. Although the Federal Office for Migration and Refugees rejected the implementation of an asylum procedure in Germany under the Dublin System and issued deportation orders to Bulgaria, the individuals concerned were not deported, even though Bulgaria agreed to take back the asylum seekers. But what are the reasons for the failure of repatriation?

In three judgments handed down on 6 August 2024, the 2nd Senate of the Hessian High Administrative Court has ruled that male recognised refugees who return to Greece alone, who are young, healthy and able to work, are in any case not at risk of being treated in violation of their human rights due to systemic weaknesses in the Greek reception system. This means that they are not entitled to a further asylum procedure in Germany. The situation may be different for persons with special individual circumstances.

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.