Judicial bodies reverse 5644 rulings denying asylum to Afghan applicants

In a significant development, the Federal Administrative Court of Germany has lifted the appeal clauses for 5,644 rejected asylum seekers from Afghanistan over the past nine months. This decision comes amidst the ongoing COVID-19 pandemic, which has further exacerbated the precarious situation in Afghanistan, considered one of the most dangerous countries in the world, with regular severe attacks.

Out of a total of 9,557 appeals made by Afghan asylum seekers during this period, 59.1% were successful. This staggering figure has prompted criticism from Left politician Ulla Jelpke, who has called for a fundamental shift in the approach of the Federal Office for Migration and Refugees (BAMF). Jelpke suggests that the BAMF should proactively review and correct flawed decisions to relieve the administrative courts of the burden of overturning so many negative decisions.

It is worth noting that in 3,778 cases, the complaints of Afghan refugees were withdrawn or related to the so-called Dublin procedure, where no decision is made on the substance of an asylum application, but only on the question of which EU state it can be made in.

Jelpke's sentiments are echoed when she states that if 59% of BAMF decisions are found to be incorrect after judicial review, it is an unacceptable result. The implications of this high error rate underscore the need for a more thorough and compassionate approach to processing asylum applications, particularly for those seeking refuge from the dangerous conditions in Afghanistan.

This development serves as a reminder of the complex and ongoing challenges faced by asylum seekers, and the critical role that judicial review plays in ensuring fair and just outcomes. As the situation in Afghanistan continues to deteriorate, it is hoped that this trend of overturned decisions will continue, providing a glimmer of hope for those seeking safety and a new beginning in Germany.