The Administrative Court of Baden-Württemberg addressed this issue in a recent ruling.
What was the case about?
The case involved an Iranian national who had entered Germany in November 2022. Prior to his arrival, he had been living in Ukraine, where he held a Ukrainian “permanent residence permit,” that is, a Residence permit with no expiration date.
After entering Germany, the man applied for a residence permit for temporary protection under Section 24 of the Residence Act. He claimed that he had fled Ukraine because of the war and had previously been living there legally. He therefore argued that, like other persons displaced from Ukraine, he was entitled to protection.
However, the relevant Foreigners' office the application. In the agency's view, the requirements for protection under § 24 of the Residence Act were not met. The man then filed a lawsuit.
The proceedings thus centered on a key question: Is a permanent Ukrainian Residence permit sufficient for a person who is not a Ukrainian citizen to receive protection in Germany under § 24 of the Residence Act? Or must additional requirements be met?
Background: What is Section 24 of the Residence Act—and to whom does it apply?
Shortly after the war began in February 2022, the European Union activated a special emergency measure: temporary protection for refugees from Ukraine, known as the Mass Influx Directive. In Germany, this protection is implemented under Section 24 of the Residence Act.
In essence, this means that Ukrainian nationals fleeing Ukraine due to the war can receive temporary protection in any EU member state without having to apply for asylum. This protection status has been extended several times and is currently valid until March 4, 2027.
Temporary protection comes with important rights. These include, for example, a residence permit, access to the labor market, education, and social benefits, as well as medical care. Family reunification is also possible under certain conditions.
Temporary protection under Section 24 of the Residence Act therefore applies primarily to Ukrainian nationals. The situation is more complicated , however , for third-country nationals who do not hold a Ukrainian passport but were living in Ukraine before the war. They must meet additional requirements in order to receive temporary protection in Germany.
Temporary protection for third-country nationals: Here is what the court ruled
The Administrative Court of Baden-Württemberg ruled against the applicant. As a result, he was not granted temporary protection under § 24 of the Residence Act.
The court made it clear that a permanent Ukrainian Residence permit not Residence permit to qualify for temporary protection (Section 24 of the Residence Act) in Germany. Rather, third-country nationals must meet two additional requirements.
Residence in Ukraine prior to the start of the war: Individuals from a third country must prove that they were legally residing Residence permit Ukraine with a permanent Residence permit prior to February 24, 2022.
No safe and permanent return to their country of origin: In addition, they must prove that they cannot return safely and permanently to their country of origin.
In this case, the man was able to prove that he had been living Residence permit Ukraine with a permanent Residence permit prior to the outbreak of the war. However, in the court’s view, he failed to provide sufficient evidence as to why returning to Iran was personally impossible for him.
General references to the difficult human rights situation in Iran were not sufficient for the court. Furthermore, the applicant’s parents, wife, and child were still living in Iran. The man was unable to provide sufficient evidence that his family members were facing significant problems with government authorities there. The court therefore concluded that a safe and permanent return to Iran was fundamentally possible for the man.
Health-related grounds also failed to convince the court. The petitioner argued that he suffered from a serious chronic respiratory condition and was dependent on a specific medication. However, the court found that there was insufficient evidence to show that the condition could not be treated in Iran or that the man’s life or physical safety would be in concrete danger there.
What does this decision mean for those affected?
This decision is particularly important for third-country nationals who have come to Germany from Ukraine because of the war. Unlike Ukrainian nationals, they are not automatically entitled to temporary protection under Section 24 of the Residence Act.
Instead, they must prove two things: they must demonstrate that they were legally residing Residence permit Ukraine with a permanent Residence permit before the war began. In addition, they must show why returning to their country of origin is not safe or feasible in the long term.
Those affected should therefore document their personal situation as thoroughly as possible. For example, it is important to provide proof of lawful residence in Ukraine. This may include Residence permit Ukrainian Residence permit, registration certificates, lease agreements, employment contracts, proof of enrollment, bank statements, or other documents that demonstrate that a person has actually lived in Ukraine.
In addition, applicants should provide as detailed a description as possible of their personal situation in their country of origin and explain why returning there is not a viable long-term option for them. Depending on the case, this may include medical records, evidence of personal threats, documents regarding family circumstances, or reports related to their specific situation. General references to a difficult situation in the country of origin are generally not sufficient.
This means that anyone who meets the requirements can receive temporary protection in Germany, even if they are a third-country national.
However, the court’s decision makes it clear that each case is examined individually and very rigorously. The decisive factor is not only the applicant’s previous permanent residence in Ukraine, but also whether a safe and permanent return to the country of origin is possible and reasonable.
