THE AFRICAN COURIER. Reporting Africa and its Diaspora! The African Courier is an international magazine published in Germany to report on Africa and the Diaspora African experience. The first issue of the bimonthly magazine appeared on the newsstands on 15 February 1998. The African Courier is a communication forum for European-African political, economic and cultural exchanges, and a voice for Africa in Europe.
In a major ruling that challenges Germany’s increasingly restrictive asylum policies, the Higher Social Court of Lower Saxony has declared that asylum-seekers cannot be completely cut off from state welfare support even when their application has been rejected under the EU’s Dublin Regulation and their deportation is delayed.
The decision, announced Monday, 23 June, stems from the emergency appeal of an Afghan asylum-seeker whose financial support was abruptly terminated despite the fact that he could not be deported soon.
The man arrived in Germany in April 2024 on a Polish-issued Schengen visa. His asylum application was denied, and the German Federal Office for Migration and Refugees (BAMF) ordered his transfer back to Poland, as required under the Dublin Regulation. However, two scheduled deportations failed because authorities could not locate him. The BAMF then extended the deportation deadline until December 2025.
Until November 2024, he had received financial support under the Asylum-Seekers Benefits Act. After that, authorities cut all payments, leaving him with only basic accommodation and occasional in-kind assistance. He took legal action, arguing that a voluntary return to Poland wasn’t possible within the framework of the Dublin system.
The court acknowledged that the deportation order remains legally binding. However, it emphasized that the Dublin system is primarily designed for enforced transfers, not voluntary departures. Therefore, depriving the man of essential financial support raises serious constitutional and EU legal concerns.
In the 13 June decision (Case No. L 8 SO 12/25 B ER), the court stated that the right to a minimum standard of living must be upheld, even under the Dublin framework. The judges indicated that this issue involves significant questions of EU law that may require clarification by the European Court of Justice (ECJ).
This ruling marks another blow to the German government’s efforts to tighten asylum procedures and could influence future cases involving delayed deportations under the Dublin Regulation.
Felix Dappah
