Germany’s highest administrative court has handed down a pivotal ruling that could reshape the country’s asylum system—and possibly alter migration policy across the EU. In a decision issued Wednesday, the Federal Administrative Court in Leipzig declared that Germany can legally return certain asylum seekers to Greece, ending a years-long freeze on such deportations.
The verdict focuses on single, healthy individuals already granted refugee status in Greece who later applied for asylum again in Germany. The court ruled that these returns don’t constitute “extreme hardship,” despite Greece’s well-documented struggles with housing and integration services.
“The standard is simple,” said Presiding Judge Robert Keller. “If someone has access to basic shelter, food, and hygiene—even if through emergency support or the informal economy—then their rights under EU law aren’t being violated.”
This decision came after two men—a stateless individual from Gaza and a Somali refugee—challenged the German migration office’s rejection of their asylum claims. Both had initially been granted asylum in Greece but moved on to Germany, seeking better conditions.
With over 25,000 similar cases recorded in 2024 alone, the ruling is expected to have wide-reaching effects, clearing the path for mass returns and tightening asylum loopholes.
For CDU leader Friedrich Merz, who’s poised to take over as chancellor in May, the court’s green light couldn’t be better timed. His party campaigned hard on promises of tougher immigration controls. Now, with this ruling, Merz can begin delivering on that pledge.
CDU lawmaker Christoph de Vries hailed the verdict as a “game changer,” arguing it would help stem what he called “asylum abuse” and restore faith in the EU’s migration rules. Saxony’s Interior Minister Armin Schuster echoed that view, dismissing human rights criticisms as political grandstanding.
But refugee advocates were quick to push back. Pro Asyl, one of Germany’s most vocal rights groups, blasted the decision as inhumane, warning that deported migrants face “severe poverty and exclusion” in Greece.
Still, the court’s judgment has now cleared a major legal hurdle. Whether or not Merz follows through with sweeping deportations remains to be seen—but the groundwork has officially been laid.
