The background to this is the complaint of a Syrian who applied for asylum in Germany in October 2023. The BAMFdid not decide on his application for a long time because the situation in Syria was considered too unclear. In October 2024 , the man therefore filed a complaint and demanded that the BAMF decide on his case.
Why have Syrian asylum applications not yet been decided?
The original reason why the BAMF has not had to decide on asylum applications since the change of power in Syria is based on Section 24 (5) of the Asylum Act (AsylG). This states that if the situation in the country of origin - in this case Syria - is temporarily unclear or unsafe, a decision on the asylum application cannot be made immediately. The BAMF was therefore allowed to temporarily suspend the decision on Syrian asylum applications.
During this postponement, the BAMF is obliged to regularly review the situation in the country of origin - at least every six months. The office must also inform the asylum seekers concerned of the reasons for the deferral in good time.
Court rules: Situation in Syria is no longer unclear
The court has now ruled that the decision on the Syrian applicant's asylum application cannot be postponed any further. The situation in Syria has been sufficiently known since the change of power in December 2024. According to the court, the new government under the Islamist militia HTS (Hay'at Tahrir al-Sham) controls large parts of the country and has maintained a stable hold on power.
The BAMF itself has now also published a current situation report on the situation in Syria ("Syria after Assad - Current Developments"). This report contains comprehensive information on the security situation in the country. It also includes assessments by the EU Asylum Agency (EUAA) and current rulings by German courts.
Therefore, there is no longer any reason to postpone decisions on asylum applications, according to the Administrative Court in Karlsruhe.
What does the ruling mean for Syrian refugees in Germany?
The ruling is not yet legally binding - the Federal Office for Migration and Refugees (BAMF) has one month to lodge an appeal.
However, if the ruling becomes legally binding, the BAMF must once again actively decide on asylum applications from Syrian refugees. The office is obliged to hear each applicant in person and then decide on their protection status individually. The court does not dictate to the BAMF how it must decide - only that a decision must be made.
Background: Syrians are the second largest refugee group in Germany
According to the Federal Statistical Office, around 712,000 Syrian refugees were living in Germany at the end of 2023. For many, the ruling could mean that their often long-delayed asylum procedures can now move forward. How many will ultimately receive protection remains to be seen.
