Germany - Federal Administrative Court rejects BAMF appeal regarding returns of refugees to Bulgaria

Monday, August 20, 2018

On 20 August, the Federal Administrative Court of Germany rejected an appeal by the Federal Office for Migration and Refugees (BAMF), concerning the inadmissibility of a previous appeal by the BAMF against a January decision on returns of recognised refugees to Bulgaria.

The initial case concerned the issue of transfer of a Syrian national of Kurdish ethnic background to Bulgaria, where he was recognised as a refugee. In January 2018, the Higher Administrative Court of Lower Saxony had ruled that transfers of recognised refugees from Germany to Bulgaria could expose them to a risk of inhuman and degrading treatment. Due to the Bulgarian State’s lack of provisions towards recognised refugees, this particular group of people faces real problems of destitution, including homelessness, unemployment and lack of access to social assistance.

The BAMF had then filed an appeal against that decision, but the Higher Court dismissed it as inadmissible, due to the lack of legal doubts in the contested decision. The Federal Office went on to challenge the decision of the Higher Administrative Court before the Federal Administrative Court of Germany. The Federal Court, however, concurred with the Higher Administrative Court in the lack of need for an appellate procedure, as the procedural conditions that would set out the importance of this appeal have not been met. It finally rejected the Federal Office’s appeal, upholding the lower court’s decision on the inadmissibility of the appeal.

Based on an unofficial translation by the ELENA Weekly Legal Update. For further information see here.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.



Inhuman or degrading treatment or punishment
Refugee Status