Germany’s Federal Administrative Court ruled on Thursday that non-vulnerable people who had already been recognized as refugees in Italy, but were now applying for asylum in Germany, could be sent back to Italy, as they would face no danger there if sent back.
German courts couldn’t previously agree on whether or not non-vulnerable recognized refugees could be sent back to Italy if they had obtained their refugee status there. However, on November 21, Germany’s Federal Administrative Court (Bundesverwaltungsgericht) issued a final word on the matter.
In the court’s opinion, single people who are able to work can be sent back to Italy if they have already been recognized as refugees in the Italian system. These people, both men and women, would not face any threats or living conditions that would be against their human rights, decided the court, and therefore can be sent back.
The case was heard after a Somali and a Syrian woman, who had both been granted refugee status in Italy, traveled on to Germany and reapplied for asylum there. Their asylum claims in Germany were refused and the authorities notified the two that they would be sent back to Italy.
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Courts initially in conflict
Although a first German court in the city of Koblenz in the state of Rhineland-Palatinate decided the women should be sent back, as they already had a recognized status in Italy, a second German court judged that the situation in Italy could be problematic for them, leading to the case being referred to the federal court for a final decision, reported the French news agency Agence France Presse (AFP).
The court ruling states that even if sent back to Italy, the women would be offered basic medical care and emergency accommodation, as both the state and the church as well as charity organizations offer shelters for people in their situation, reported the German press agency dpa.
The final judgment can only be applied to non-vulnerable people who are able to work. It cannot be applied to anyone considered to be particularly vulnerable.
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Dublin regulation
According to the so-called Dublin regulation, asylum seekers have the right to seek asylum only in the first EU country of entry, and not to make multiple claims for asylum in several different countries, or travel to one where they feel there might be more favorable conditions for them, or more social welfare available.
Also under the regulation, the EU country where the asylum request was first made, in this case Italy, must take back asylum seekers who tried for a second time in a second EU country. However, Italy has recently been refusing such requests from Germany, reports dpa.
The court’s press statement did not state whether the two women involved in the original cases, which began in 2021 and continued through 2023, had already been sent back to Italy or were still in Germany. InfoMigrants asked the Federal Administrative Court press office, but they said they had no information on the subject.
InfoMigrants put the same question to Germany’s Federal Office for Migration and Refugees (BAMF) and they said they would look into it. On Monday, November 25, they replied saying that they were not responsible for repatriations, as that is the responsibility of individual German states.
InfoMigrants asked BAMF which German state the two women might now be in. BAMF didn't confirm which state that might be, but said to try Rhineland-Palatinate, since that is where one of the judgements had been issued in their case.
With dpa and AFP
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This article was updated on November 25, to include the information that BAMF replied to InfoMigrants' request for information.