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“Subsidiary Protection” Ruling by German Court Sparks Furor among Syria Refugee Community

Published : 01-03-2017

“Subsidiary Protection” Ruling by German Court Sparks Furor among Syria Refugee Community

Palestinian and Syrian refugees in Germany expressed profound disappointment at a German court verdict ruling that Syrians fleeing the war in their home country do not have automatic right to refugee status, confirming an earlier decision by Germany’s Federal Office for Migration and Refugees (BAMF).

The Higher Administrative Court in the western German city of Muenster issued the ruling on Tuesday, February 21.

According to the court, asylum seekers deported to Syria will not necessarily be persecuted as political foes solely on the grounds that they fled the country.

BAMF currently awards Syrian asylum seekers only temporary, so-called “subsidiary protection.’’ The subsidiary protection protects the refugees from deportation but prevents them from reuniting with family members.

Holders of subsidiary protection are granted only a one-year stay rather than three and are not entitled to their rights as holders of a refugee status.

Several refugees contested the decision of Germany’s Federal Office for Migration and Refugees (BAMF).

According to German daily Hamburger Abendblatt, in Muenster alone, 1,900 lawsuits had been brought by Syrians contesting the decisions by the BAMF by the end of January. In the German state of North Rhine-Westphalia, 12,300 such lawsuits had been filed.

The German national daily Die Welt also said on December 15, 2016 that the number of appeals was estimated at 36,000, mostly filed by Palestinians from Syria who had been granted subsidiary asylum status. 89% of the appeals were backed by the panel of German adjudicators.

Palestinians from Syria in Germany are categorized as stateless refugees, according to the German law. The Geneva Convention stipulates that Germany grant nationality to those categorized as stateless refugees, in accordance with the German Nationality Law of 2000. 

Short URL : https://actionpal.org.uk/en/post/4775

Palestinian and Syrian refugees in Germany expressed profound disappointment at a German court verdict ruling that Syrians fleeing the war in their home country do not have automatic right to refugee status, confirming an earlier decision by Germany’s Federal Office for Migration and Refugees (BAMF).

The Higher Administrative Court in the western German city of Muenster issued the ruling on Tuesday, February 21.

According to the court, asylum seekers deported to Syria will not necessarily be persecuted as political foes solely on the grounds that they fled the country.

BAMF currently awards Syrian asylum seekers only temporary, so-called “subsidiary protection.’’ The subsidiary protection protects the refugees from deportation but prevents them from reuniting with family members.

Holders of subsidiary protection are granted only a one-year stay rather than three and are not entitled to their rights as holders of a refugee status.

Several refugees contested the decision of Germany’s Federal Office for Migration and Refugees (BAMF).

According to German daily Hamburger Abendblatt, in Muenster alone, 1,900 lawsuits had been brought by Syrians contesting the decisions by the BAMF by the end of January. In the German state of North Rhine-Westphalia, 12,300 such lawsuits had been filed.

The German national daily Die Welt also said on December 15, 2016 that the number of appeals was estimated at 36,000, mostly filed by Palestinians from Syria who had been granted subsidiary asylum status. 89% of the appeals were backed by the panel of German adjudicators.

Palestinians from Syria in Germany are categorized as stateless refugees, according to the German law. The Geneva Convention stipulates that Germany grant nationality to those categorized as stateless refugees, in accordance with the German Nationality Law of 2000. 

Short URL : https://actionpal.org.uk/en/post/4775