Following a trip to the country, Foreign Minister Johann Wadephul (CDU) expressed his deep concern and doubted that Syrian refugees would be able to return safely in the foreseeable future. Nevertheless, the Federal Ministry of the Interior under Alexander Dobrindt (CSU) is continuing to work on a readmission agreement with Syria. What does this mean for those affected?
Foreign Minister warns against repatriations after Syria visit
German Foreign Minister Johann Wadephul (CDU) recently expressed skepticismthat Syrian refugees will be able to return home in the short term. During a visit to a heavily destroyed suburb of Damascus, he spoke of an extent of devastation that he had "personally never seen before".
Under these conditions, aquick return of Syrian refugees is unrealistic: "They cannot return in the short term. Hardly anyone can really live here in dignity," says Wadephul. Repatriations are "only possible to a very limited extent at the moment", as large parts of the infrastructure are still destroyed.
International organizations such as the UN Refugee Agency (UNHCR) are also warning against deportations to Syria. The country remains dangerous and returnees are exposed to the risk of violence, arbitrary arrests and torture, among other things. In addition, Syria is already under great strain due to increasing return movements from neighboring countries.
This applies to Syrian asylum seekers in Germany
In the debate, however, the Ministry of the Interior refers to the coalition agreement, where it was agreed that deportations to Syria would be made possible again on a regular basis - starting with criminals and those posing a risk. A spokesperson confirmed to RND (Redkationsnetzwerk Deutschland) that a corresponding agreement with Syria is currently being worked on.
At the same time, the Federal Office for Migration and Refugees (BAMF) has been increasingly examining asylum applications from Syrian nationals again since September 2025 - especially young, single men. This group is generally less likely to be entitled to protection, which is why the applications are rejected in many cases.
Interior Minister Dobrindt had also announced that, in the long term, he wanted to repatriate not only criminals and dangerous persons, but also rejected asylum seekers from this group.
Another point is important for Syrians who have already been granted protection: anyone who voluntarily travels to their home country risks losing their protection status in Germany. This is because returning is considered an indication that there are no longer any grounds for protection. Exceptions are only possible in very narrow cases, for example in life-threatening situations involving close family members.
Deportations to Syria: What is the legal situation?
In principle, the so-called non-refoulement principle applies in Germany and the EU: no one may be sent back to a country where they are at risk of torture, death or serious human rights violations (Art. 33 Geneva Refugee Convention, Art. 3 ECHR).
Deportations to such countries are only permitted in exceptional cases, for example in the case of the most serious crimes, and only after a careful case-by-case assessment. In addition, courts can stop deportations (in individual cases) if the current situation in the country of origin is deemed dangerous.
Anyone who fears deportation has various legal protection options in Germany. Which of these applies always depends on the individual case. It is particularly important to gather evidence and seek legal advice at an early stage.
Tolerance permit (§ 60a AufenthG)
A Tolerance permit is not a Residence permit and is not a protection status. It merely means that deportation is temporarily suspended. This means that those affected remain in Germany even though they are actually required to leave the country because deportation is currently not possible or not legally permissible.
Reasons for a Tolerance permit can be:
- Missing travel documents, unclear identity or no flight connection to the country of origin
- Acute medical reasons that make it unreasonable to leave the country
- Ongoing legal action or legal proceedings (e.g. subsequent application for asylum)
- Individual danger to life and limb on return, but no recognized protection status
- Family reasons (e.g. ongoing pregnancy, caring for relatives in Germany)
- in the middle of training(training toleration)
- Sustainable employment or integration prospects(tolerated employment)
- urgent humanitarian reasons
- Return ban or de facto ban on deportation for a country of origin
During the Tolerance permit , there is an obligation to leave the country, but deportation is not carried out for the time being.
Prohibition of deportation (Section 60 (5) and (7) AufenthG)
Deportation is not permitted if there is a specific danger to life or limb in the country of origin, for example due to:
- Torture or inhuman treatment
- Lack of medical care
- Individual threat from government agencies or militias
Important: As a rule, the danger must be proven individually, for example through reports, certificates or documents. A generally poor situation in the country is not sufficient, unless there is an extremely dangerous situation.
Residence on humanitarian grounds (Section 25 (3) AufenthG)
If the BAMF determines that deportation is prohibited, a residence permit can be issued on humanitarian grounds. It offers protection against deportation and access to social benefits and can be extended at a later date.
Follow-up application (§ 71 AsylG)
If the circumstances change or if there is new evidence, a follow-up application is possible - for example, in the event of new threats, new medical findings or a change in the political situation in the country of origin.
Important: A follow-up application can stop the deportation, but only if the BAMF does not classify it as obviously unfounded or inadmissible. New evidence should therefore be submitted early and well documented.
Granting residence in cases of hardship (§ 23a AufenthG)
The hardship commission of the respective federal state can recommend that a residence permit be issued if there are special personal reasons, for example:
- Long-term residence in Germany
- Successful integration (language, work, training, school)
- Close family ties in Germany, especially for underage children
- severe personal or health burdens upon return
Important: There is no legal entitlement to a hardship decision. The case must be exceptionally justified. Here too, decisions are always made on a case-by-case basis
Protection for family or health reasons
Even without asylum status, the following reasons may play a role:
- Care of underage children in Germany
- Protection of the family unit under Article 6 of the Basic Law (GG)
- serious illnesses or traumatization, if no adequate treatment is possible in the country of origin
Medical reports, family certificates and other documents are particularly important here.
What those affected should consider now
According to the German government, talks are currently underway with Syria to resume regular deportations in future. However, there are currently no concrete agreements or imminent deportations. According to the current status, criminals and people at risk are affected first.
The following therefore applies to those affected: keep calm and make preparations.
Important steps:
- Check notifications and letters
Anyone who receives a rejection or threat of deportation should immediately check whether legal remedies are possible, for example a complaint or an urgent application. - Collect evidence and keep it up to date
This includes in particular: medical certificates, evidence of family ties in Germany (marriage certificate, birth certificate), proof of integration (language courses, work, training), documented threats or risks in the country of origin, correspondence with offices and authorities in Germany and, if applicable, Syria - Use counseling services
Support is offered by organizations such as Pro Asyl, Caritas, Diakonie, refugee councils, specialist lawyers - Monitor current political developments in Germany
The situation can change at short notice, for example due to new agreements, court decisions or official government announcements.
Conclusion: What happens next?
A concrete timetable for returns to Syria is not yet available. However, the German government emphasizes that preparations are underway and agreements are to be reached with Syria.
At the same time, it remains to be seen how the situation in Syria will develop and whether repatriations are compatible with human rights and international legal obligations.
