At the same time, the Federal Office for Migration and Refugees (BAMF) is being called upon to adapt its decision-making practice to the changed situation in Iran.
"The images from Iran are terrifying," explains Tareq Alaows, refugee policy spokesperson for Pro Asyl. "We need a nationwide ban on deportations to protect people from torture, imprisonment, possible execution and now also from bombings."
Pro Asyl: Human rights situation in Iran has deteriorated significantly
Human rights organizations have been observing a continuous deterioration of the situation in Iran for years. According to Amnesty International, rights such as freedom of expression, freedom of assembly and freedom of association are massively restricted.
Women, LGBTQI+ people, political opponents and ethnic and religious minorities who are subject to systematic discrimination and state violence are particularly affected.
Pro Asyl criticizes the fact that, despite these circumstances, the BAMF has recorded declining protection rates for asylum applications from Iran in recent years. While 46% of applications were still recognized in 2023, the adjusted protection rate fell to just 37% in 2024.
According to Amnesty International, at least 972 people were executed in Iran in 2024 - including four people who were still minors at the time of the crime. The case of the German-Iranian citizen Jamshid Sharmahd, who was executed in Iran in 2024, also made the headlines in Germany and led to the closure of the remaining Iranian consulates in Germany.
Currently no deportation ban in Germany for asylum seekers from Iran
Despite the current war and human rights situation in Iran, there is currently no nationwide ban on deportations in Germany. The last deportation ban in force - a so-called administrative order in accordance with Section 60a (1) sentence 1 of the Residence Act (AufenthG) - was lifted or no longer extended in January 2024.
Such deportation bans can be issued by the federal states or the Federal Ministry of the Interior. This is the case if there is an obvious danger to life, limb or freedom in the country of origin - for example due to war, civil war or systematic human rights violations.
Now that the ban on deportations to Iran has been lifted , the rule applies again: whether an asylum seeker is deported or allowed to stay in Germany depends solely on the outcome of the individual asylum or residence proceedings.
This means:
- Anyone who is granted protection status by the BAMF (e.g. refugee according to § 3 AsylG or subsidiary protection according to § 4 AsylG) may stay in Germany.
- Anyone who is rejected and does not leave the country voluntarily may be deported.
- Anyone who does not receive a protection status from the BAMF can still be granted a ban on deportation in accordance with Section 25 (3) AufenthG and may then also remain in Germany.
Tolerance permit - not a Residence permit, but temporary protection from deportation
If a person is not deported for factual or legal reasons even though they are required to leave the country, the responsible Foreigners' office can issue a so-called Tolerance permit in accordance with Section 60a of the Residence Act (AufenthG).
In legal terms, this means:
- The person concerned does not have a Residence permit within the meaning of § 4 AufenthG and is therefore not legally resident in Germany.
- A Tolerance permit is merely a temporary suspension of deportation - not a secure residence status.
- The Tolerance permit can be revoked or not extended at any time as soon as the obstacle to deportation ceases to exist.
When is a Tolerance permit issued?
A Tolerance permit can be issued in several cases, in particular if:
- actual reasons exist, e.g:
- no passport or travel documents are available,
- the country of origin refuses to take them back,
- no flight to the destination country is possible.
- legal obstacles exist, e.g:
- Prohibition of deportation on humanitarian grounds,
- Illness or deportation stop,
- ongoing asylum follow-up or hardship procedures.
- special personal circumstances apply, e.g:
- Ongoing school or vocational training (training toleration),
- close family ties in Germany (e.g. children),
- Caring for a seriously ill relative.
What does a Tolerance permit actually mean?
In practice, many people live for years in chain tolerations, i.e. with repeatedly extended tolerations every 3 or 6 months. People from countries such as Iran are particularly affected, where political uncertainty and administrative obstacles make repatriation difficult, but no clear protection decision is made.
Tolerated persons have limited rights, e.g. often only limited access to the labor market, no entitlement to family reunification, no automatic participation in integration courses. The Tolerance permit can be revoked at any time if the reason for deportation no longer applies.
Important: Deportations to Iran hardly ever carried out
Although deportation practice in Germany is clearly regulated by law, in practice it is often complex and slow. Only a relatively small proportion of people with rejected asylum applications are actually deported promptly.
- According to the German Bundestag, around 250,000 people were required to leave the country at the end of 2023 , but almost 80% of them had a Tolerance permit
- According to the BMI, just under 16,500 people were actually deported nationwide in 2023 - that is less than 7% of those required to leave the country
- Even after the nationwide ban on deportations was lifted in January 2024 , actual deportations to Iran are very rare.
- Deportations to Iran often only take place if the persons concerned cooperate voluntarily or if they are criminals for whom no reasons for protection (Tolerance permit) are recognized.
What to do if asylum is refused?
If an asylum application is rejected, those affected have the right to appeal. Important: The appeal period is only two weeks from notification of the rejection decision. Within this period, a so-called "simple complaint" must be submitted to the competent administrative court. As a rule, it is strongly advisable to seek legal advice immediately - for example from specialized lawyers, refugee councils or advice centres.
Conclusion
Even though the human rights situation in Iran is dramatic, there is currently no general ban on deportations. The decision on protection or repatriation is made in Germany on a case-by-case basis. This means that refugees from Iran have a chance of receiving protection - but they must take action themselves, meet deadlines and know their rights.
A rejection in the asylum procedure does not automatically mean deportation, but it often leads to years of uncertainty due to so-called chain tolerations.
It is therefore important:
- Challenge the rejection of the asylum application in good time (within 2 weeks)
- Seek advice - e.g. from lawyers or refugee councils
- Check with Tolerance permit : Are there legal options for a secured stay?
