Important decisions of the Federal Administrative Court concerning the law of asylum related to European Community Law are presented on the website in English translation.
Translator's Note: The Federal Administrative Court, or Bundesverwaltungsgericht, is the Federal Republic of Germany's supreme administrative court. This unofficial translation is provided for the reader's convenience and has not been officially authorized by the Bundesverwaltungsgericht. Page numbers in citations of international texts have been retained from the original and may not match the pagination in the parallel English versions.
When citing a decision, it is recommended to indicate the court, the date of the decision, the case number and the paragraph: BVerwG, Judgment/Decision of ... - BVerwG ... - para. ... for example: BVerwG, Judgment of 31 January 2013 - BVerwG 10 C 15.12 - para. 12
BVerwG 10 B 6.14 released on 19 March 2014
Asylum seeker; asylum application; asylum procedure; reception conditions; considerable probability; Dublin II Regulation; degrading treatment; Common European Asylum System; operational problems; prognosis of danger; complaint of denial of fair hearing; systemic deficiencies; inhuman treatment; investigative principle; refutable presumption; transfer to Italy; strong probability; (jurisdictional) responsibility.
BVerwG 10 C 26.12 released on 19 November 2013
Reason for exclusion; participation otherwise; refugee status; ideological support; musician; PKK; propaganda; terrorism; act in violation; purposes and principles of the United Nations.
BVerwG 10 C 1.13 released on 5 September 2013
Fingerprinting; action to set aside decision; information about travel route; cause for request to pursue proceedings; analysability; instruction; pursuit of proceedings; request to pursue proceedings; Dublin Procedure; acquiescence; discontinuation of asylum proceedings; identification procedure; Eurodac; manipulation; one-month deadline; relevant date; obligations to cooperate; manifestly unfounded; papillary lines; regeneration of skin cells; decision on merits; written information; translation.
BVerwG 1 C 15.12 released on 30 July 2013
Child; citizenship of the Union; German nationality; right of permanent residence; emotional dependency; patchwork family; residence permit; extraordinary hardship; de facto compulsion; particular hardship; economic dependence; biological father; family unit; custody; maintenance, citizenship of the Union; visa procedure; duration; subsequent immigration to join family.
BVerwG 10 C 23.12 released on 20 February 2013
Ahmadiyya community; Ahmadis; refugee status; follow-up procedure; threat to life and physical freedom; practice of faith; forum internum; forum externum; religion; public practice of faith; religious freedom; religious identity; criminal prosecution; inhuman treatment; avoidance conduct; abstention; act of persecution; reason for persecution; prognosis for persecution; probability; resumption; voluntary conduct.
BVerwG 10 C 15.12 released on 31 January 2013
Afghanistan; Helmand Province; Kabul; deportation; prohibition of deportation; protection from deportation; subsidiary protection; protection from deportation under Union law; armed conflict; regional armed conflict; actual destination of return; region of origin; internal protection; reasonable expectation; basis for subsistence; inhuman or degrading treatment; humanitarian conditions; living conditions; compelling humanitarian reasons; human dignity; worthiness of protection; place of deportation; referral; obligation to refer; national protection from deportation; subsidiarity; restrictive effect; interpretation in conformity with the constitution; extreme situation of danger; minimum subsistence level.
BVerwG 1 C 19.11 released on 10 July 2012
Application; principle of equivalence; Association law; right of residence under Association law; expulsion; protection from expulsion; time limit; principle of effectiveness; entry ban; threat; prognosis of danger; amendment of complaint; return decision; standstill; standstill clause; finding of fact; proportionality; separation of functions principle; risk of re-offending; probability standard; relevant date.
BVerwG 10 C 13.10 released on 17 November 2011
Prohibition on deportation; basis of claim; restriction of supreme court review; standard of proof; considerable probability; individual danger; justified interest in legal protection; legitimate interest in proceedings; matter in controversy; subsidiary protection; presumption; refutable presumption; standard of probability; presumption of repetition.
BVerwG 10 C 26.10 released on 7 July 2011
Asylum; refugee status; revocation; change in circumstances; standard of likelihood; change in law; exclusion; grounds for exclusion; undeserving of asylum; serious non-political crime; purposes and principles of the United Nations; United Nations, purposes and principles of ~; terrorism; support; PKK; threat of recurrence; proportionality; protection of legitimate expectation; protection from deportation; interpretation in compliance with Union law; priority of application of Union law.
BVerwG 10 C 25.10 released on 1 June 2011
Res judicata; prohibition on double jeopardy; reversal; revocation; revocation of refugee status (Algeria); discretionary powers; cessation of refugee status; cessation of circumstances; protection of the country; persecution; well-founded fear of persecution; likelihood of persecution; risk of persecution; standard of probability; considerable probability; sufficient probability; substantial change; permanent change.
BVerwG 10 C 2.10 released on 31 March 2011
Asylum; reason for exclusion; stay of proceedings; standard of proof; fair procedure; recognition of refugee status; war crimes; non-state actors; terrorism; UN Resolutions; crimes against humanity; international criminal law; priority of EU law; revocation; purposes and principles of the United Nations.
BVerwG 10 C 3.10 released on 24 February 2011
Revocation of refugee status (Iraq); discretionary power; cessation of refugee status; cessation of circumstances; persecution; well-founded fear of persecution; protection of country; threat of persecution; reason for persecution; political opinion; family refugee status; subsidiary protection.
BVerwG 1 C 1.10 released on 11 January 2011
Schengen visa; visitor's visa; short-term stay; uniform visa; visa with limited territorial validity; visa application; desire to visit; interpretation; travel dates; action for administrative injunction; disposition; need for legal protection; action for revival; intent to return; illegal immigration; threat to public policy; family ties; family; close family members; parental right of contact; child's well-being.
BVerwG 1 C 23.09 released on 11 January 2011
Residence permit; subsequent immigration of spouse to join German; entry into country; marriage in Denmark; third party national spouse; Schengen visa; visitor's visa; national visa; required visa; visa requirement; legal entitlement to residence permit; subsequent compliance with visa application procedure; right of residence under Community law; right of free movement under Community law; citizenship of the Union; returnee cases; discrimination against citizens.
BVerwG 10 C 19.09 released on 9 December 2010
Asylum; refugee status; act of persecution; reason for persecution; religion; reli-gious freedom; core aspects; practice of faith; forum internum; forum externum; refraining from conduct; relinquishment; religious identity; threat to life, limb, and physical freedom; preliminary ruling.
BVerwG 10 C 4.09 released on 27 April 2010
Protection from deportation; prohibition on deportation; revocation proceeding; subsidiary protection; subsidiary protected status; legal interest in protection; internal armed conflict; international humanitarian law; Afghanistan; parties to conflict; serious harm; indiscriminate violence; non-selective violence; high level of indiscriminate violence; density of danger; civilian population; general danger; individual threat; personal circumstances increasing risk; facilitated standard of proof; forced recruitment.
BVerwG 1 C 8.09 released on 30 March 2010
Visa; third country national; family reunification; subsequent immigration of spouse; marriages between foreigners; subsequent immigration of children; language acquisition; integration; forced marriage; communication on a basic level; language level; language framework; knowledge of written language; illiteracy; acquiring literacy; originally entitled person; privileged visa status; integration measure; integration requirement; marriage and family; family life; cohabitation; compassionate balance; proportionality; separation; possibility of return; unequal treatment; prohibition of discrimination; language; homeland; origin; nationality; standstill clause; prohibition on further restrictions; freedom of establishment; freedom to provide services; access to the labour market; effect in procedural law; inauthentic retroactivity; protection of legitimate expectation.
BVerwG 10 C 7.09 released on 16 February 2010
Reason for exclusion; standard of proof; refugee status; functional connection; internal armed conflict; fighter; combatant; war crime; treacherous killing; non-political crime; separatism; terrorism; international criminal law; civilian.
BVerwG 10 C 24.08 released on 24 November 2009
Reason for exclusion; standard of proof; refugee status; international humanitarian law; internal armed conflict; combatant; war crime; non-political crime; separatism; terrorism; crime against humanity; insufficient findings of fact; international criminal law.
BVerwG 10 C 9.08 released on 14 July 2009
Protection from deportation because of internal armed conflict (Iraq); subsidiary protection; Qualification Directive; civilian population; general danger; extreme density of risk; substantial individual danger; individual threat; region of origin; actual destination upon return.
BVerwG 10 C 21.08 released on 5 May 2009
Facilitated standard of proof; reversal of burden of proof; refugee protection for families; recognition of refugee status; refugee status; internal protection; internal flight alternative; nationality; political conviction; prognosis; race; prevention of terrorism; act of persecution; reason for persecution; prognosis of persecution; previous persecution.
BVerwG 10 C 51.07 released on 5 March 2009
Asylum; refugee status; Qualification Directive; act of persecution; reason for persecution; severe violation of human rights; freedom of religion; religious subsistence level; religious activity in public; physical freedom; alternative refuge in cases of emigration; conditions created by individual after leaving country of origin.
BVerwG 10 C 50.07 released on 26 February 2009
Deprivation of citizenship; administrative deprivation of citizenship; deprivation of citizenship relevant to asylum; refusal of entry; statelessness; de facto statelessness; de jure statelessness; habitual residence; lawful residence; internal protection; accessibility of alternative refuge.
BVerwG 10 C 52.07 released on 19 January 2009
Recognition of refugee status; act of persecution; targeted act; necessary medi-cal treatment; post-traumatic stress disorder; denial of registration; violation of human rights; previous persecution; internal flight alternative; internal protec-tion; time of emigration; facilitated standard of proof; standard of proof.
BVerwG 10 C 27.07 released on 18 December 2008
Exception; exceptional case; refugee status; follow-up application; follow-up proceedings; post-flight reason; post-flight circumstances; regular case; reason for normal exclusion; post-flight circumstance created by party himself; subjec-tive post-flight reason; recognition of refugee status.
BVerwG 10 C 48.07 released on 14 October 2008
Asylum; recognition of refugee status; prohibition on refoulement; exclusion; terrorism; support; DHKP/C; serious non-political crime; purposes and principles of the United Nations; preliminary ruling; ineligibility for asylum; danger of reof-fence; proportionality; protection from deportation; priority of application.
BVerwG 10 C 43.07 released on 24 June 2008
Protection from deportation because of internal armed conflict (Iraq); indiscrimi-nate violence; serious and individual threat; substantial individual danger; subsidiary protection; international humanitarian law; matter at issue in protection against deportation under European and German law.
BVerwG 10 C 33.07 released on 07 February 2008
Withdrawal of recognition of refugee status (Iraq); preliminary ruling; overreaching implementation; existing recognition; discretion; immediacy; year's grace period for withdrawal; fear of persecution; new, different persecution; actor of protection; subsidiary protection; protection from deportation; prior persecution; standard for prognosis; easier standard of proof.