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Delay in Syrian Asylum Applications Ruled Unjustified by Court

Delay in Syrian Asylum Decisions Unjustified, Says Court

Syrian security forces engage in actions in the city of Latakia.
Syrian security forces engage in actions in the city of Latakia.

Decision on Syrian Asylum Applications No Longer Delayed by Court - Delay in Syrian Asylum Applications Ruled Unjustified by Court

German Administrative Court Dismisses Delays in Syrian Asylum Decisions

In a recent ruling on May 23, the German Administrative Court has determined that the Federal Office for Migration and Refugees (BAMF) can no longer postpone a decision on Syrian asylum applications citing unclear situations in Syria as justification. The court's decision does not impose any specific content requirements, but it now demands that the BAMF hear the plaintiff's case immediately.

The court's decision revolves around whether the BAMF is entitled to further delay decisions on Syrian asylum applications based on an initially unstable circumstance in Syria. In its reasoning, the court found that the authority no longer has such grounds. The court's decision, while not yet legally binding, can still be appealed.

There has been considerable information regarding the asylum and deportation situation after the power shift in Syria, the court contended. The new Syrian government led by the Islamist HTS militia has asserted power since early December and controls most of the country. Moreover, there have been comprehensive BAMF country reports, EU asylum agency assessments, and relevant German court decisions relating to the issue since March.

Given these circumstances, there no longer exists any justification for delays in deciding on Syrian asylum applications, the court emphasized. The ruling comes at a time when approximately 712,000 Syrian asylum seekers were registered in Germany by the end of 2023, marking them the second-largest group of asylum seekers after people from Ukraine.

The decision may have implications for the ongoing asylum policies in Germany, particularly regarding Syrian refugees. The German government is currently contemplating allowing Syrian refugees to temporarily visit their homeland without losing their protection status. However, this proposal has faced opposition from certain political factions. The government also plans to expedite deportations, including to countries like Syria, and expand detention capacities for this purpose.

The principle of official investigation in asylum procedures is also being replaced by the principle of submission, shifting the responsibility for providing information from the authorities to the applicants themselves. Aside from these changes, border police have been directed to reject most asylum seekers in alignment with stricter control measures.

The increasingly restrictive asylum policies in Germany may pose challenges for Syrian asylum seekers. While the court's decision offers some clarity, other policy developments may introduce additional difficulties in navigating the asylum system.

  1. The court's ruling on the delayed Syrian asylum decisions could potentially spark debate on the need for community aid, as the number of Syrian refugees in Germany continues to escalate, reaching approximately 712,000 by the end of 2023.
  2. In light of the ongoing war-and-conflicts, politics, and general news surrounding Syria, there is a growing concern about the aid for the construction of new buildings in Syria to cater to the needs of displaced people, especially when considering potential visits by Syrian refugees to their homeland.

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