Thousands of refugee applications denied due to concealed information
Germany has been enforcing stricter measures against asylum seekers who fail to cooperate with the asylum process. According to the Federal Office for Migration and Refugees (Bamf), asylum procedures are discontinued when applicants do not submit required documents, miss hearings without a valid excuse, breach residency obligations, or disappear.
In the first half of 2025, Bamf discontinued 7,264 asylum cases due to non-compliance or disappearance. This practice follows a thorough review and a written notification to the applicant explaining the legal consequences.
The Bamf spokesperson stated that an applicant is considered a "non-locatable applicant" if they cannot be found by state authorities, violating their duty of availability. The assumption of "going missing" requires sufficient evidence and the period of non-locatability must be taken into account.
Under Section 33, Paragraph 1 of the Asylum Act, the discontinuation or rejection of asylum applications is legal. The new Asylum Procedure Regulation also allows for an application for international protection to be deemed withdrawn if the applicant goes missing, with no possibility of resuming the procedure.
The political discourse is divided on this issue, with some politicians pushing for automatic loss of asylum rights upon disappearance, while others argue that current laws sufficiently empower the authorities to discontinue proceedings in such cases.
Looking ahead, starting June 2026, the Common European Asylum System (CEAS) will introduce stricter rules. Under the revised Asylum Procedures Regulation, asylum applications from absconding individuals will be considered tacitly withdrawn, with no possibility to reinstate the procedure. This represents a formal codification of the approach towards non-cooperation and absconding asylum seekers.
In addition, Germany and some EU countries are working to remove legislative obstacles for deportation, particularly to countries like Afghanistan and Syria, and to enable asylum procedures in third countries. These developments reflect a broader crackdown on migration and efforts to facilitate return.
However, these tightening regulations coexist with legal constraints under EU law. Recent rulings by the European Court of Justice (CJEU) and German courts emphasize the requirement for individual assessments and prohibit summary expulsions without proper procedures, highlighting tensions between national enforcement efforts and EU legal protections for asylum seekers.
Overall, the impact on asylum seekers is significant: non-cooperation or disappearance can lead to termination of their claims and possible deportation. The upcoming 2026 regulation will formalize and potentially tighten these measures, reducing procedural safeguards for absconding individuals. Simultaneously, stricter deportation policies aim to reinforce return mechanisms. These developments reflect a shift towards more stringent control and efficiency in asylum processing but raise concerns about safeguarding asylum seekers' rights and ensuring compliance with EU law.
[1] Die Welt [2] Deutsche Welle [3] European Court of Justice [4] German Federal Constitutional Court
- In response to the stricter measures against asylum seekers who fail to cooperate with the asylum process, policy-and-legislation concerning asylum-seekers in Germany has undergone significant changes, with the new Asylum Procedure Regulation allowing for an application for international protection to be deemed withdrawn if the applicant goes missing.
- The upcoming changes in the Common European Asylum System (CEAS) in 2026, which includes stricter rules and codified approaches towards non-cooperation and absconding asylum seekers, are being closely monitored by both general-news outlets and the European Court of Justice, raising concerns about safeguarding asylum seekers' rights and ensuring compliance with EU law.
