Germany’s highest administrative court -- the Bundesverwaltungsgericht (BVerwG) -- in Leipzig ruled that an asylum application filed in Germany while a prior procedure in another EU country is still ongoing does not qualify as a 'secondary application' (Zweitantrag) under Germany's Asylum Act.

In the case of two Iraqi nationals whose Finnish applications were unresolved at the time of filing in Germany, the court -- via judgments of January 28, 2026 (announced in a press release on February 26) -- upheld Germany's Federal Office for Refugees and Migration (BAMF)'s rejection of their German claims as inadmissible, citing prior rulings by the European Court of Justice (ECJ).

BAMF originally rejected the men's German applications due to their outstanding Finnish procedures, following a Dublin transfer of responsibility. Lower courts initially overturned BAMF, deeming their applications non-secondary; the BVerwG reversed this, confirming inadmissibility without classifying them as secondary applications, as Finland's processes were still ongoing at the time of filing.

​The decision, confirmed in the February 26 press release from the court, conforms with EU regulation on asylum responsibility and secondary claims.

In cases where the first application has not yet been completed, under this ruling, German authorities can reject such repeat applications as inadmissible.

The ruling was issued in response to a case brought by two Iraqi nationals who had first applied for asylum in Finland. Later, they traveled to Germany to apply for asylum there.

Read AlsoGermany: Top court rules deportation possible even for those holding protection in Greece

Reducing secondary migration

The EU has rules in place to discourage secondary asylum procedures, although it is, in some cases, technically possible.

In 2016, the EU proposed new measures via the Common European Asylum System (CEAS) to try and limit secondary movements of applicants for international protection. This was further strengthened under the new pact on migration and asylum, which is due to be applied later this year.

The German Interior Ministry states on its website, last updated September 4, 2025: "The CEAS reform has defined clear and legally secure procedures without restricting the fundamental right of asylum or the right to an individual examination of the asylum application." The ministry adds that the "procedures for admitting people on humanitarian grounds will be harmonized across the EU."

The Dublin rules, which determine which EU member state is responsible for examining an asylum application, generally in the first EU member state of entry, were streamlined in 2024 in an effort to "reduce irregular secondary migration."

Pressure on host countries

In 2015 and 2016, several studies were carried out into why asylum seekers and migrants might undertake secondary movements. Critics fear that people might be "asylum shopping" or attracted by applying for protection in a state that offers stronger welfare support and better economic prospects. One study, published by Oxford University Press in 2015, bore this analysis out.

However, another study, conducted by the Center for Welfare and Labor Research based at Oslo University, concluded that the decision to move countries depended more on "future opportunities." This they found often included "existing social networks, knowledge of and familiarity with different European languages and cultures, and on which European country is likely to recognize asylum seekers’ competences and to value their skills." Germany for instance has a relatively significant population of migrants and asylum seekers from Middle Eastern countries, like Iraq.

Whatever the motivation of secondary movement, a European Parliament study on the phenomenon in 2017 acknowledged that secondary movement "can put pressure on host countries, including their reception capacities, asylum systems, economy and security."

The study added that "multiple asylum applications lodged in different countries can lead to inefficiencies, administrative duplication, delays and additional costs." Sometimes these applications "may be perceived as a form of misuse of the asylum system and may thus reduce political and public support for refugee protection."

Read AlsoGermany: Review and round up of 2025 migration policy

The rules of subsequent applications

Germany’s leading digital legal database beck-online explained in a post on Thursday that the legal disagreements in this case came about over whether the Iraqi applicants had made a secondary application or not. And the legal decision was that it could be considered a secondary application because at the time they lodged the second application, the first had not concluded.

The early court rulings in various lower courts, Beck explains, on these cases couldn’t agree, but after a decision on secondary asylum by the European Court of Justice (ECJ) from December 19, 2024, the administrative court was able to refer back to that and make a definitive ruling.

According to Germany’s BAMF, applying for asylum a second time is only possible if you can demonstrate new, significant reasons for asylum that arose after your last rejection. That would be a major change in your personal situation or country conditions.

The European Commission Home Page also sets out the asylum procedure EU-wide; it was last updated in 2025. It states, to "prevent abuse of the asylum system", if an applicant decides to try again in another EU country, their application will be considered a "subsequent application." That means that the decisions related to the first application could affect the admissibility of their application or the procedure.

Read AlsoThousands granted asylum in Greece reapply in Germany