A German High Court has ruled that “Syrians” are not entitled to “full asylum” because there is no evidence that the Syrian government persecutes them.
The ruling is highly significant because it proves that there is no reason for any Syrians to claim asylum in Europe at all, because it is safe for them to live in the government-controlled parts of Syria.
The ruling means that the Syrians only qualify for “second-tier asylum” which places restrictions on their ability to qualify for permanent residence.
“Full refugee” protection includes permission to remain for three years, usually followed by an unlimited residence permit. Recipients also have the right to “family reunification.”
“Second tier asylum,” also called “subsidiary,” or “limited protection,” grants a residency permit for just one year, with the possibility of extending this for another two. But these extensions have to be applied for separately, and “family reunification” is only granted after the extensions have been granted.
The German Higher Administrative Court in the northern German region of Schleswig made the ruling this week, and it is the first time that an administrative court has confirmed the Federal Office for Migration and Refugees (BAMF) practice of granting so-called “subsidiary protection” to invaders from Syria.
According to the Deutsche Welle news service, the decision also goes against rulings made by several lower administrative courts.
One of the points of contention had been whether or not the invaders face political persecution, arrest or torture, should they return to Syria—and specifically the peaceful parts under the control of the Syrian government of Bashar al-Assad.
If it could be proven that the invaders’ lives were actually in danger in Syria, then they would have qualified for “full asylum” status.
However, “there is no evidence” to support claims that the Syrian government suspects those who have fled the country of belonging to the opposition, presiding Judge Uta Strzyz said.
The court cited written statements from the German Foreign Office and the German Orient-Institute saying there was “no knowledge” of systematic interrogations against returnees.
Prior to the Schleswig ruling, numerous courts sided with thousands of invaders who have sued BAMF over their “subsidiary protection” status.
In Germany, around 113,000 invaders—including 94,000 claiming to be Syrians—have only been granted the second-tier status.