Bundesverwaltungsgericht

Decisions in Asylum and Immigration Law

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

Translated versions:

released on 2014/08/19

residence; equal treatment of foreigners; freedom of movement; fiscal interest; refugee; action for a finding on continuation; equal treatment of residents; migration policy interest; person with subsidiary protected status; social assistance; beneficiary of subsidiary protection; preliminary ruling; residency requirement

Publishing date: 2014/11/28

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released on 2014/06/17

Fingerprinting; deportation warning; prohibition of deportation; information on travel routes; reason for request to pursue proceedings; application for asylum; foreign refugee status; analysability; instruction; request to pursue proceedings; binding effect; Dublin procedure; discontinuance of asylum procedure; settlement; international protection; amendment of complaint; obligations to cooperate; national protection from deportation; subsidiary protection under Union law; reinterpretation; further migration of refugees; destination state of deportation.

Publishing date: 2014/11/25

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released on 2014/06/06

asylum seeker; asylum application; asylum procedure; reception conditions; considerable probability; reversal of the burden of proof; Dublin II Regulation; degrading treatment; Common European Asylum System; operational problems; prognosis of danger; individual experience; systemic deficiencies; inhuman treatment; investigative principle; refutable presumption; transfer to Italy; strong probability; (jurisdictional) responsibility

Publishing date: 2014/11/28

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released on 2014/03/19

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

Publishing date: 2014/11/25

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released on 2013/11/19

reason for exclusion; participation otherwise; refugee status; ideological support; musician; PKK; propaganda; terrorism; act in violation; purposes and principles of the United Nations

Publishing date: 2014/12/04

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released on 2013/09/05

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

Publishing date: 2014/11/26

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released on 2013/07/30

child; citizenship of the Union; German nationality; right of permanent residence; emotional dependency; affektive Abhängigkeit; 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

Publishing date: 2014/11/26

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released on 2013/02/20

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

Publishing date: 2014/11/26

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released on 2013/01/31

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

Publishing date: 2014/11/26

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released on 2012/07/10

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

Publishing date: 2014/11/26

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released on 2011/11/17

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

Publishing date: 2014/11/27

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released on 2011/07/07

asylum; refugee status; revocation; change in circumstances; standard of likelihood; change in law; exclusion; grounds for exclusion; Asylunwürdigkeit; serious non-political crime; purposes and principles of the United Nations; 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

Publishing date: 2014/11/27

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released on 2011/06/01

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

Publishing date: 2014/12/04

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released on 2011/03/31

asylum; reason for exclusion; stay of proceedings; standard of proof; faires Verfahren; 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

Publishing date: 2014/12/04

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released on 2011/02/24

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

Publishing date: 2014/12/03

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released on 2011/01/11

residence permit; subsequent immigration of spouse to join German; entry into country; marriage in Denmark; third party national spouse; Schengen visa; visitor's visa; required visa; erforderliches Visum; 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

Publishing date: 2014/12/04

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released on 2011/01/11

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

Publishing date: 2014/12/03

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released on 2010/12/09

asylum; refugee status; act of persecution; reason for persecution; religion; religious 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

Publishing date: 2014/12/03

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released on 2010/04/27

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

Publishing date: 2014/12/04

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released on 2010/03/30

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

Publishing date: 2014/12/04

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released on 2010/02/16

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

Publishing date: 2014/12/04

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released on 2009/11/24

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

Publishing date: 2014/11/28

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released on 2009/07/14

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

Publishing date: 2014/12/04

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released on 2009/05/05

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

Publishing date: 2014/12/04

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released on 2009/03/05

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

Publishing date: 2014/11/26

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released on 2009/02/26

deprivation of citizenship; administrative deprivation of citizenship; deprivation of citizenship relevant to asylum; refusal of entry; statelessness; de facto state-lessness; de jure statelessness; habitual residence; lawful residence; internal protection; accessibility of alternative refuge

Publishing date: 2014/11/26

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released on 2009/01/19

recognition of refugee status; act of persecution; targeted act; necessary medical treatment; post-traumatic stress disorder; denial of registration; violation of human rights; previous persecution; internal flight alternative; internal protection; time of emigration; facilitated standard of proof; standard of proof

Publishing date: 2014/12/04

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released on 2008/12/18

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; subjective post-flight reason; recognition of refugee status

Publishing date: 2014/11/25

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released on 2008/10/14

asylum; recognition of refugee status; prohibition on refoulement; exclusion; terrorism; support; DHKP/C; serious non-political crime; purposes and princi-ples of the United Nations; preliminary ruling; ineligibility for asylum; danger of reoffence; proportionalit; protection from deportation; priority of application

Publishing date: 2014/11/25

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released on 2008/06/24

Protection from deportation because of internal armed conflict (Iraq); indiscriminate 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

Publishing date: 2014/11/27

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released on 2008/02/07

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

Publishing date: 2014/11/27

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