German Court Rules Asylum Seekers Can Be Returned to Greece

In a landmark ruling, Germany’s Federal Administrative Court has authorized the return of migrants to Greece for the first time in years, a decision likely to significantly impact migration policies and asylum cases throughout Europe.

The high court, located in Leipzig, ruled that deportations of single, healthy, and able migrants back to Greece are permissible, despite acknowledging ongoing deficiencies within the Greek asylum system. This overturns previous restrictions, which had halted such deportations due to concerns that Greece failed to meet the standards required by EU law.

According to the judgment handed down on Wednesday, the court found that despite significant bureaucratic hurdles and limited initial support, returning migrants would not face “extreme hardship.” The ruling emphasized that basic human rights, such as access to food, shelter, and hygiene, are sufficiently provided through temporary accommodations, emergency shelters, soup kitchens, and even employment within Greece’s gig economy.

Presiding judge Robert Keller stated plainly, “The benchmark is whether migrants in Greece have ‘bread, bed, and soap’ available. That’s not much; we know that. It’s a tough standard.” Yet, he maintained that conditions in Greece did not amount to violations of fundamental EU rights.

This ruling arose from lawsuits brought by two migrants — a stateless man originally from northern Gaza and a Somali national — who had traveled from Greece to Germany after receiving refugee status in Greece. Their subsequent asylum applications in Germany had been rejected as inadmissible by the Federal Office for Migration and Refugees (BAMF), leading to prolonged legal battles.

The decision is expected to affect thousands of similar asylum claims. According to BAMF, over 25,000 migrants who had already received refugee recognition in Greece applied for asylum again in Germany in 2024 alone.

Politicians affiliated with the parties now in coalition — the Christian Democratic Union (CDU) and Social Democratic Party (SPD) — responded positively to the court’s decision.

As cited by Bild, Christoph de Vries, CDU’s interior policy expert, described the decision as a “game changer,” stating it would significantly curb illegal migration and asylum abuse within Germany. He criticized previous policies as inconsistent, particularly pointing out that Greek citizens themselves lack certain social benefits, arguing this should not prevent refugee deportations.

Similarly, Saxony’s Interior Minister Armin Schuster (CDU) welcomed the judgment as a necessary reaffirmation of EU standards, dismissing human rights concerns raised by critics as politically motivated obstruction.

On the other side, refugee advocacy groups have sharply criticized the ruling. Pro Asyl, a prominent left-wing NGO in Germany, condemned the court’s reasoning via social media, claiming migrants returned to Greece face “severe poverty” and insufficient support — an argument the court has dismissed.

The decision now facilitates the possibility of mass returns for thousands of migrants living in Germany who have already applied for asylum in Greece.

A more restrictive asylum policy was a flagship measure proposed by Friedrich Merz’s CDU during the recent election and one which critics, such as the Alternative for Germany (AfD), argue he will not follow through with.

The court has now given him the green light to do so, at least in one scenario.