German asylum law - fundamental right and legal situation
In Germany, the right to asylum for politically persecuted persons is enshrined as a fundamental right in Article 16a of the Basic Law. The specific requirements and procedures are regulated in the Asylum Act (AsylG), which has replaced the former Asylum Procedure Act. The Federal Office for Migration and Refugees (BAMF), based in Nuremberg, is responsible for examining asylum applications. This authority not only decides on the granting of asylum or refugee status, but also on the possible revocation or withdrawal of protection already granted. Sections 73 ff. AsylG form the legal basis for this.
Revocation of recognition of asylum or refugee status
According to the current legal situation, recognition as a person entitled to asylum or the granting of refugee protection must be revoked as soon as the conditions for this are no longer met. This means that if the decision to grant protection was originally correct, but the circumstances that justified this protection have since ceased to exist, the status will be revoked. Typical examples are lasting and substantial improvement of the situation in the country of origin - so that the person concerned no longer has to fear persecution upon return - or certain behaviour on the part of the person entitled to protection themselves. For example a serious criminal offence or threat to public safety in Germany can lead to an originally justified refugee status being subsequently withdrawn. Even if the person concerned voluntarily returns to their home country, stays there for a longer period of time or makes use of the protection of their country of origin again, this indicates that the reasons for fleeing no longer apply. Since an amendment to the law in October 2024, there is even a presumption that the grounds for protection no longer apply if a refugee voluntarily travels to their country of origin - unless the journey was unavoidable for compelling reasons, such as a family emergency. It is important to note that a revocation always requires that the changed circumstances considerable and not only temporary are. Only then can the fear of persecution no longer be considered justified.
Withdrawal in case of false information and reasons for exclusion
A distinction is made between revocation Redemption recognition of asylum. Recognition is withdrawn if it turns out that the protection status was wrongly granted from the outset - in particular because the foreigner made false statements or concealed material facts during the asylum procedure. In such a case, the recognition of asylum or refugee status is cancelled with effect for the past. In addition, the law stipulates that an already recognised protection status can also be withdrawn if it subsequently becomes known that Reasons for exclusion are present. Reasons for exclusion are based on the provisions of international refugee law: no refugee protection is granted (or an existing status is withdrawn) if there are serious grounds for assuming that the person concerned, for example has committed a serious non-political offence or acts contrary to the purposes and principles of the United Nations. Anyone who poses a threat to the general public or security - for example through terrorist activities - cannot claim refugee status either. These criteria set out in the EU Qualification Directive are enshrined in the Asylum Act in Germany. In practice, this means that if it turns out, for example, that a refugee was or is a member or supporter of a terrorist organisation, their refugee status must be revoked, even if the persecution situation in their home country remains unchanged.
Checking the protection status - from the regular check to the indication check
In the past, the law stipulated that the BAMF would recognise each refugee status after a period of time, usually three years routinely reviewed (so-called regular review). The background to this was that recognised refugees in Germany are entitled to an indefinite settlement permit around three to five years after entering the country if they integrate properly. The aim was to prevent people from being granted a permanent right of residence even though the grounds for asylum may have ceased to exist in the meantime or protection was faked. In the years after 2015, the BAMF therefore carried out hundreds of thousands of revocation checks. However, it turned out that only in a very small fraction of these cases (a few per cent) a revocation or withdrawal was actually justified. At the same time, this practice tied up enormous human resources.
As part of a reform at the beginning of 2023, the regular review for recognised refugees was abolished. Since then, the review of protection status has been only occasion-related. This means that the BAMF takes action if there are concrete indications that there are grounds for revocation or readmission. Such indications can be reported by immigration authorities, security and law enforcement agencies, for example, if a refugee has been involved in serious criminal offences, false identity information has been discovered or it becomes known that they have been back in their country of origin. In general, the following applies: The Federal Office can revoke the protection status at any time if there is reason to do so. Since 2019, recognised refugees have been legally obliged to cooperate in a check if they are requested to do so by the BAMF. They must then, for example, present identification documents and provide information. If they do not fulfil this obligation to cooperate, the procedure can be decided without a hearing.
Consequences of a cancellation or withdrawal
If the entitlement to asylum or international protection is revoked or withdrawn, the person concerned loses their special refugee status - but they do not necessarily have to leave Germany immediately. In contrast to the initial asylum procedure, the BAMF is authorised in the revocation and withdrawal procedure to do not decide themselves on measures to terminate their stay. The local immigration authority of the federal state is responsible for the consequences under residence law. Following the withdrawal of protection status, this authority will check whether the foreigner may be granted the right to stay for other reasons. For example Family ties (e.g. marriage to a German or children born in Germany), a long permitted period of residence or other humanitarian reasons lead to a right of residence being granted in accordance with the Residence Act - despite the fact that asylum protection no longer applies. If this is not the case, the immigration authority will usually initiate the termination of residence. An expulsion order is then often issued first, in which the public interest in terminating the stay is weighed against the individual's interest in remaining. Even after an expulsion, however, it is necessary to check whether there is a ban on deportation (e.g. in accordance with Section 60 (5) or (7) of the Residence Act due to dangers in the destination country). If there is such an obstacle to deportation - for example because there is still a significant threat to life and limb in the home country - the person concerned may not be deported despite the revocation of their refugee protection. However, they would then have to live with the fact that they are only tolerated in Germany unless another right of residence applies.
Judicial practice - When may protection be withdrawn?
The legal rules described are repeatedly applied and concretised by the courts. An example from case law illustrates the circumstances under which an already recognised refugee status can be revoked: Back in 2011, the Münster Higher Administrative Court ruled that an imam from Egypt could have his right to asylum revoked because he had been recognised as a refugee by extremist groups. Diatribes against Jews and Christians had attracted attention. The man was recognised as a politically persecuted person in 1999. However, it later emerged that, as an imam of Muslim communities in Münster and Minden, he had called on God to „break the backs of Jews, Christians and their supporters“ in his sermons, among other things. He also maintained contacts with the Islamist terrorist organisation „Al-Jihad Al-Islami“. The Federal Office for Migration and Refugees subsequently revoked the asylum recognition in 2006 on the grounds that the imam's behaviour fulfilled an exclusion criterion under asylum law. The imam initially successfully appealed against the revocation before the Administrative Court, but the Higher Administrative Court confirmed the BAMF's decision at second instance. The highest state judges clarified that participation in or support for a terrorist organisation means that refugee protection can no longer be granted. The OVG also referred to the then new case law of the European Court of Justice: In November 2010, the ECJ ruled that a person can be excluded from recognition as a refugee if they are individually responsible for acts committed by a terrorist organisation. National courts - including the OVG Münster - have taken up these European legal requirements and applied them strictly. As a result, the imam lost his asylum status due to proven extremist activities.
The courts have also recently been dealing with the question of where the boundaries for revocation lie. In 2024, for example, the Administrative Court of Münster heard the case of a Syrian refugee whose refugee protection the BAMF wanted to revoke because he had travelled to his home country. After initially only being granted subsidiary protection, the man had applied for a Syrian passport at the request of the German authorities and later travelled to Syria for a few days to visit his seriously ill mother in hospital. The Federal Office categorised this as a voluntary return and assumed that the man could apparently claim the protection of his home country again. The court took a different view: a short visit for urgent family reasons does not constitute a voluntary return. Voluntary subordination to homeland security . The Syrian had expressly endeavoured to avoid coming to the attention of state authorities during his stay so as not to provoke persecution. A one-off journey motivated by human reasons does not mean that the fear of persecution is now unfounded. Accordingly, the revocation was cancelled in this case - the man was allowed to keep his refugee status.
Conclusion
To summarise, it should be noted that the revocation or withdrawal of a recognition of asylum or refugee status is always a Case-by-case decision which is linked to strict legal requirements. German asylum law thus takes into account both the idea of protection for persecuted persons and the state's interest in preventing abuse and public safety. While genuine refugees should continue to enjoy protection, this protection can be withdrawn if its basis no longer exists or never existed in the first place - whether due to changed circumstances or serious misconduct on the part of the recognised person. The courts ensure legal clarity and proportionate solutions in this area of conflict.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. The content of this article has been compiled to the best of our knowledge and according to the current state of knowledge. However, due to the complexity and ongoing development of the subject matter, we cannot accept any liability for its permanent accuracy. This article does not replace qualified legal advice. If you require individual legal advice, you are welcome to contact us without obligation on 0221 - 80187670 or send us an e-mail to info@mth-partner.de send. Rather, we are always available to advise you on asylum and immigration law.
