Access to the territory and registration
If migrants report at the border while trying to enter Germany without the necessary documents, entry into the territory may be refused on the grounds that the migrant has travelled through a “safe third country”, which notably include other EU Member States and Switzerland. However, if they apply for asylum, they would in most cases have to be referred to the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF, see Access to the territory and pushbacks.
In 2025, access to German territory for asylum seekers became increasingly contested after the Federal Minister of the Interior authorized border rejections[1], a practice that some German courts later found unlawful in several cases, emphasizing the binding nature of European asylum law and the primacy of the Dublin III Regulation once an asylum claim is made.[2] Despite these rulings, the federal government continued the policy, arguing that the decisions applied only to the individual cases, a position that has drawn criticism.[3] Civil society organizations reported systemic obstacles to lodging or having asylum claims registered and respected.[4]
An answer by the German government on the number of refusals (Zurückweisungen) at German borders from spring 2026 showed that in 2024, a total of 45,337 refusals were recorded, compared to 42,215 in 2025, representing a decrease of around 3,100 cases or roughly 7%.[5] This can be explained by the fact that in 2025, border controls tool place at all landborders while in 2024 this was not the case for Germany’s western land borders. Examining the quarterly development, the figures show a relatively stable pattern with a slight peak in the summer months. In 2024, refusals increased from 10,175 in the first quarter to 11,481 in the second quarter and reached a peak of 12,506 in the third quarter, before declining slightly to 11,175 in the fourth quarter.[6] A similar seasonal pattern can be observed in 2025, albeit at a somewhat lower level: refusals rose from 9,273 in the first quarter to 11,194 in the second quarter and 11,384 in the third quarter, before falling again to 10,364 in the fourth quarter.[7] In both years, refusals were overwhelmingly concentrated at the land borders, accounting for 37,643 cases in 2024 and 34,463 in 2025, i.e. more than four-fifths of all refusals. However, there were notable shifts in the geographical distribution. In 2024, the highest numbers were recorded at the borders with Switzerland (11,632), Poland (9,387) and Austria (7,476). In 2025, refusals at the Swiss border dropped significantly to 6,504, while increases were observed at western borders, in particular with France (7,569), which became the most prominent border section, as well as the Netherlands (2,360). Refusals at the Polish border also decreased substantially to 5,980, while numbers at the Austrian border remained relatively stable at 7,073. These shifts point to changing migration routes as well as possible adjustments in enforcement practices.[8]
With regard to the legal basis, the vast majority of refusals in both years were carried out under the Residence Act (AufenthG), amounting to 45,071 cases in 2024 and 40,958 in 2025. These primarily concern situations such as lack of valid travel documents or residence permits. At the same time, there was a marked increase in refusals based on the Asylum Act (AsylG), which rose sharply from 163 cases in 2024 to 1,107 in 2025.[9]
Asylum seekers who arrive at an international airport are subject to the airport procedure (Flughafenverfahren), if the conditions for applying the procedure under paragraph 18a of the Asylum Act are met.[10] It is then decided in an accelerated procedure whether they will be allowed to enter the territory or not. (for details see Border procedure).
Once persons seeking protection are on the territory, the law obliges asylum seekers to ‘‘immediately’’ report to a ‘reception facility’ (Aufnahmeeinrichtung). Alternatively, they can report to a police station or to an office of the foreigners’ authorities.[11] Once asylum seekers have reported to the reception facility, they must be issued an ‘arrival certificate’ (Ankunftsnachweis). Afterwards, the responsible reception facility is determined with the help of a distribution system known as Initial Distribution of Asylum Seekers (Erstverteilung der Asylbegehrenden, EASY). It is possible that the EASY-system assigns a place in the facility to which asylum-seekers have reported. In this case, they are referred to the BAMF office, often located on the same premises or nearby, for the registration of the asylum application. If the EASY-system assigns the person to a facility located in another region, asylum-seekers are transported to this facility or are provided with tickets to travel there on their own. Asylum seekers are obliged to appear in person without delay or on the date determined by the authorities at the responsible branch office of the BAMF. Once they arrive in the responsible branch office of the BAMF, asylum applicants lodge their application with the BAMF. Following the lodging of the application, they are issued a ‘permission to stay for asylum applicants’ (Aufenhaltsgestattung). With this document, the arrival certificate ceases to be valid and must be retracted by the authorities.
First instance decision
Once the asylum procedure has started, the BAMF must decide whether an asylum applicant is entitled to:
- asylum based on the German Constitution (Grundgesetz);[12]
- Refugee status according to the 1951 Refugee Convention and to the Qualification Directive;[13]
- Subsidiary protection as part of the international protection under the Qualification Directive;[14] or
- Other forms of protection, removal ban. (Abschiebungsverbot).[15]
If an asylum and subsidiary protection application is rejected, the notice of rejection also includes an instruction to leave the country and a “Deportation warning”[16] (removal warning), which is equivalent to a return decision under EU law.[17]
Appeal
An appeal against the rejection of an asylum application must be submitted to a regular Administrative Court (Verwaltungsgericht, VG). The responsible Administrative Court is the one with regional competence for the asylum applicant’s place of residence. Appeals generally have suspensive effect, unless the application is rejected as ‘manifestly unfounded’ or as ‘inadmissible’ (e.g., in Dublin cases). In these cases, applicants may ask the court to restore suspensive effect, but they only have one week to submit the necessary request, which must be substantiated.
The decision of the Administrative Court may, in principle, be appealed. An appeal requires prior admission by the Higher Administrative Court. This Court allows the appeal if it considers the case to be of fundamental importance, if the judgement deviates from the decision of a court of higher instance or if the decision violates basic principles of jurisprudence. An appeal to the Federal Administrative Court is also available. In practice, the decision of the Administrative Court is usually final in asylum procedures.
[1] On May 7, 2025, the newly elected Minister of the Interior, Alexander Dobrindt, instructed the federal police to refuse entry to persons seeking protection at internal border controls on the basis of Section 18 (2) No. 1 of the Asylum Act (and to return them to the respective neighboring state). See, Legal Tribune Online, Dobrindt verteidigt Zurückweisungen an deutschen Grenzen “Das ist nationales Recht”, 14 May 2025, available in German here.
[2] Administrative Court Pasewalk, 305 XIV 84-87/25, 29 July 2025, available in German here and Administrative Court Pasewalk, 305 XIV 99/25, 01 August 2025, available in German here.
[3] Maximilian Pichl, Zurückweisungen vor Gericht Über den Beschluss (VG 6 L 191/25 u.a.) des VG Berlin, Verfassungsblog, 3 June 2025, available in German here.
[4] PRO ASYL, Bittere Bilanz für den Flüchtlingsschutz, 05 January 2026, available in German here.
[5] Federal Government, Response to parliamentary question by The Left 21/4922, 20 March 2026, available in German here.
[6] Ibid.
[7] Ibid.
[8] Ibid.
[9] Ibid.
[10] Section 18 a (1) Asylum Act reads: In the case of foreign nationals from a safe country of origin (Section 29a) who wish to enter the country via an airport and apply to the border authority for asylum, the asylum procedure must be carried out prior to the decision on entry, insofar as accommodation on the airport premises is possible during the procedure or is not possible solely due to the need for inpatient hospital treatment. The same applies to foreigners who apply for asylum at the border authority at an airport and do not identify themselves with a valid passport or passport substitute. The foreigner must immediately be given the opportunity to submit the asylum application to the branch office of the Federal Office that is assigned to the border control point. The personal interview of the foreigner by the Federal Office should take place immediately. The foreigner must then be given the opportunity to contact a legal adviser of his/her choice without delay, unless he/she has assured himself/herself of legal assistance in advance. § Section 18 (2) remains unaffected.
[11] Section 13 Asylum Act.
[12] Article 16a Basic Law and Section 2 Asylum Act.
[13] Section 3 Asylum Act.
[14] Section 4 Asylum Act.
[15] Section 60 (5) and (7) Residence Act.
[16] Terminology used in the English translation of the Germany Asylum Act on the official government website, available here.
[17] Section 34 (1) Asylum Act.