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Feb 21, 2026

Top court green-lights deportations to Greece for non-vulnerable asylum seekers

Top court green-lights deportations to Greece for non-vulnerable asylum seekers
Germany’s Federal Administrative Court in Leipzig has issued a precedent-setting ruling that Dublin transfers to Greece are “generally permissible” for healthy, single men who already hold protection status there. Handed down late on 20 February 2026, the judgment dismantles a de-facto legal barrier that had blocked such removals since 2020 over concerns about inadequate reception conditions.

The court set a low humanitarian threshold—summarised by commentators as the “bread, bed and soap” standard—holding that Article 3 ECHR is not violated if returnees can realistically obtain emergency shelter, basic food and hygiene. While the German government has a political moratorium on transfers to Greece until mid-June 2026, the legal green light is expected to accelerate case processing, cut appeal success rates and encourage the Federal Office for Migration and Refugees (BAMF) to issue more transfer decisions in the coming months.

For organisations and individuals needing to respond quickly to these developments, VisaHQ offers an efficient way to check eligibility, gather documentation and file applications through its dedicated Germany portal (https://www.visahq.com/germany/). Their online platform and migration specialists can guide employers, assignees and family members toward alternatives such as Skilled-Worker and EU Blue Card residence permits—helping minimise disruption before Dublin transfer notices are enforced.

Top court green-lights deportations to Greece for non-vulnerable asylum seekers


For employers running intra-EU mobility programmes, the decision matters because staff dependants whose asylum claims were lodged in a second EU state may now face swifter removal, disrupting family stability and assignment planning. Immigration counsel advise reviewing employee risk profiles and securing residence permits under the Skilled-Worker or Blue-Card tracks where possible.

NGOs have criticised the ruling for ignoring documented shortages of accommodation and welfare in Greece. They predict a surge in vulnerability litigation as applicants seek medical or psychological exemptions. Practically, lawyers recommend front-loading evidence of trauma, disability or caregiving duties—factors the court said could still bar transfer on a case-by-case basis.

The decision also signals Germany’s tougher stance ahead of the EU’s new Asylum and Migration Pact, due to take full effect in June 2026. Once the current political pause expires, removals could resume almost immediately, creating a narrow compliance window for affected migrants—and the HR departments that support them—to regularise status or relocate voluntarily.
VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.
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