What was the case about?
The case involved a Ukrainian mother and her two minor daughters. The family was granted temporary protection in Ireland in June 2022. However, in August 2022, they left the country and returned to Ukraine.
In October 2025, the mother and her children arrived in Germany. Shortly thereafter, they applied to the responsible Foreigners' office Residence permit for a residence permit under Section 24 of the Residence Act (AufenthG).
While reviewing the applications, the agency determined that the family had already been granted temporary protection in Ireland. The family then submitted documents confirming that they had voluntarily relinquished their protection status in Ireland.
Nevertheless, the Federal Office for Migration and Refugees ( Foreigners' office ) rejected the applicants’ request for temporary protection ( Residence permit ) in Germany. It ordered the family to leave the country and threatened to deport them to Ukraine. The applicants filed a lawsuit against this decision and submitted an urgent motion to the Kassel Administrative Court.
The plaintiffs argued that they had voluntarily relinquished their protection in Ireland and would no longer be exercising the rights associated with it. Therefore, they claimed, there was no simultaneous protection in two EU member states. Furthermore, the family had temporarily returned to Ukraine and later fled the war once again.
Temporary Protection: What Is Section 24 of the Residence Act?
Section 24 of the Residence Act governs temporary protection for refugees from Ukraine in Germany. The basis for this is the European Union’s so-called Mass Influx Directive.
The directive was first activated following the start of Russia's invasion of Ukraine in 2022. It is intended to provide rapid protection to people who have fled Ukraine because of the war, without requiring them to go through a lengthy asylum process.
The EU member states most recently extended temporary protection through March , 2028—though there are now some exceptions for Ukrainian men of military age.
Under the temporary protection program, Ukrainians are allowed to reside and work in Germany. Under certain conditions, they also have access to social benefits, medical care, and education.
Temporary protection is governed by common European Union rules. This raises the question: Is Germany required to grant temporary protection if a person has already been granted protection in another EU member state?
What was the court's decision?
The Kassel Administrative Court rejected the family’s application. Consequently, the plaintiffs were not entitled to residence permits in Germany under Section 24 of the Residence Act (AufenthG).
The court did find, however, that the mother and her daughters are, in principle, part of the protected group. They are Ukrainian nationals, lived in Ukraine before the war began, and were displaced as a result of the Russian invasion.
However, the key point is that the family had already been granted temporary protection in Ireland. Germany is therefore not obligated to issue a residence permit under Section 24 of the Residence Act, the judges ruled.
In the court’s view, the EU member state that first granted temporary protection to a person remains responsible in principle. Furthermore, temporary protection (and the rights associated with it) cannot apply in two EU member states at the same time.
What was particularly important in this case was that the family had voluntarily relinquished their protected status in Ireland. The applicants argued that it is not possible to have concurrent protected status in two EU member states and that they should therefore be granted a new protected status in Germany.
However, the court did not agree with this view: Voluntarily waiving protection in Ireland does not mean that Germany is required to grant temporary protection.
Even the family’s return to Ukraine did not change the outcome. According to the court’s preliminary review, this did not give rise to a new claim to temporary protection in Germany.
Conclusion: What does this mean for other applicants?
This decision is particularly important for Ukrainian nationals who have already been granted temporary protection in another EU country and wish to travel on to Germany at a later date.
The Kassel Administrative Court states: There is no entitlement to temporary protection in Germany if temporary protection is already being provided in another EU member state.
According to the court, this applies even if the person in question voluntarily relinquished their previous protected status, left the first Member State, and has since returned to live in Ukraine.
Important: The Kassel Administrative Court’s decision was issued in summary proceedings. The court has only conducted a preliminary review of the legal situation. Furthermore, other administrative courts had previously reached different conclusions regarding some aspects of the case.
Those affected should therefore carefully check whether their protection status in the first EU country is still valid or can be reinstated. In addition, it can be determined on a case-by-case basis whether another form ofResidence permit in Germany is an option .
