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Germany: Almost a third of all refugees who complain against the rejection of their asylum application succeed in court


Nurnberg - In 2020 around 31 percent of all lawsuits before the administrative courts that were decided in terms of content ended in favor of the refugees. In other words, they were granted protection status that had previously been wrongly denied by the Federal Office for Migration and Refugees (BAMF). These figures come from the response of the Federal Ministry of the Interior to a request from the left-wing parliamentary group on asylum statistics, which the Neue Osnabrücker Zeitung (NOZ) reported.

Of 68,061 BAMF notices that were checked, the courts declared 21,224 unlawful last year. The rate of BAMF decisions that were overturned after a judicial review has risen again after a decline in recent years. In 2017 it was still 40.8 percent, then fell to 31.4 percent in 2018 and to 26.4 percent in 2019.

Almost three quarters (73 percent) of all negative decisions by the Federal Office for Migration and Refugees are being sued. The success rate is particularly high among Afghans. The interior expert of the left-wing parliamentary group, Ulla Jelpke, who made the request, criticized the BAMF's error rate as "far too high" and said of the figures: "This is unacceptable and a strong indication that the BAMF's implemented decision-making practice and quality control must change."

In the case of countries of origin with an above-average error rate, the BAMF should re-examine and, if necessary, amend all the defendant notices, said the MPs - also to relieve the courts. The many legal proceedings mean that the average length of proceedings in the courts continues to increase. In 2020 it was 24.3 months, significantly longer than in the previous years 2019 with 17.6 months and 2018 with 12.5 months.

The mountain of proceedings at the courts, however, is being reduced: at the end of 2020, 191,110 asylum claims were still pending.

Photo: EPA

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