German court rules migrants can be deported back to Greece
April 16, 2025
Germany's Federal Administrative Court in Leipzig on Wednesday ruled that two men who face impending deportation to Greece would not face inhumane or degrading reception conditions if they were sent back.
People who receive protection status in Greece effectively receive little to no access to state support, but the court found no significant probability that they would suffer extreme material hardship.
Why were judges asked to rule on deportations to Greece?
Judges were ruling on a case of both a 34-year-old man born in northern Gaza with unclear nationality and a 32-year-old Somali national who had been recognized as eligible for protection in Greece.
The pair had filed asylum applications in Germany after being granted protection status in Greece. Their German applications were rejected in a decision upheld by an administrative court in the German state of Hesse.
The lower court agreed that while the Greek asylum system does have shortcomings, young, able-bodied men should be able to deal with them.
According to the European Union's currently applicable "Dublin Agreement," asylum seekers must complete their asylum procedure in the EU's first country of reception.
The Federal Administrative Court was asked to assess the plight of refugees in Greece and what conditions the two men could expect on their return.
What did the Federal Administrative Court say?
The judges found that single, employable, and non-vulnerable asylum seekers who came to Germany via Greece may also be deported back there.
"It cannot be expected with any significant probability that able-bodied, healthy, and single young male beneficiaries of protection returning to Greece will find themselves in extreme material hardship, preventing them from meeting their most basic needs in terms of accommodation, food, and hygiene," their ruling said.
"Due to bureaucratic hurdles and waiting times to receive the necessary documents, many beneficiaries of protection do not have access to state support immediately upon arrival."
"However, they can likely find accommodation at least in temporary shelters or emergency accommodations with basic sanitary facilities, which are operated, among other things, at the municipal level and by non-governmental aid organizations," the judges added.
Presiding judge Robert Keller said the key test was whether the migrants in Greece have access to "bread, bed, and soap."
"That's not much, we know that. It's a tough benchmark," he added.
Last Thursday, the Federal Constitutional Court in Karlsruhe also rejected a similar complaint by a man against his deportation to Greece as inadmissible. The constitutional judges emphasized that recognized refugees can lead a life of dignity in Greece.
However, they can likely find accommodation at least in temporary shelters or emergency accommodations with basic sanitary facilities, which are operated, among other things, at the municipal level and by non-governmental aid organizations.
The refugee organization Pro Asyl has criticized such deportations to Greece. Even those recognized as refugees in need of protection there receive no state support and often end up homeless, according to a report published last Friday.
Edited by: Wesley Rahn