A German court has ruled that Syria is a safe country for the first time, a move that will pave the way for deportations and could affect the status of thousands of Syrian nationals. Despite the groundbreaking ruling, there are a number of reasons why Syrians facing deportations orders are unlikely to be removed from the country anytime soon.
Since the civil war that broke out in 2011, the political left and the media have argued that Syrians had a right to settle in Germany and could not be sent back home due to the war there. The war saw millions of people leave the country, with a large portion of them heading towards Europe. Subsequently, hundreds of thousands and millions of other non-Syrian migrants traveled through numerous safe countries to arrive in Germany.
The new ruling, which was delivered by the Higher Administrative Court (OVG) in Münster, found that Syria is no longer as dangerous as it once was and Syrians can be safely sent back to the nation.
Although the judges determined that fighting is still ongoing in Syria, this fighting “no longer reached such a level that civilians have to expect to be killed or injured in the course of these conflicts and attacks with considerable probability.” Furthermore, “For civilians in Syria, there is no longer any serious, individual threat to their life or physical integrity….”
The court’s decision is expected to pave the way for deportations, and other courts may issue similar determinations in the future. The ruling comes after Danish authorities reached the same conclusion in 2021. Sweden, in turn, ruled in 2022 that some parts of Syria are safe enough to begin rejecting asylum claims and proceed with deportations.
The new ruling from the Münster court not only paves the way for deportations, but it also undermines the narrative presented by the left that Syria is in a state of perpetual civil war and that migrants could never be sent back. This stance has seen even violent migrants — many who have been convicted for assaults, rape and even murder — being “tolerated” in Germany and allowed to remain.
The new ruling means that Syria is a “quasi-safe country of origin,” and Syrians living in Germany are no longer entitled to asylum status. However, even though the deportation of Syrians is legally permissible for the first time in 13 years, it is unlikely Syrians will be deported anytime soon.
For one thing, Germany and Syria do not maintain diplomatic relations, which would likely be a prerequisite for any deportations to proceed.
There are now questions about how the German government and relevant agencies will proceed. Most notably, there are questions regarding how the Federal Office for Migration and Refugees (BAMF) will respond to the verdict. Analysts believe it is unlikely the office will strip Syrians of subsidiary protection who have already received it, and it is important to note that many of the Syrians who arrived in Germany in 2015 and 2016 have already obtained German citizenship after the left-liberal ruling government introduced a dramatic relaxation of immigration law. However, for those Syrians who have yet to receive asylum or subsidiary status, the Münster court ruling could affect their claims.
The case at the Münster court involves a Syrian man who arrived in Germany in 2014. He complained to the court that he was never recognized as a refugee and never received subsidiary protection.
The judges rejected this because the man had been convicted of human trafficking. However, they went beyond that ruling and noted that he would not be offered asylum or even subsidiary protection even if he had not been convicted of a serious crime. The judges noted that asylum is only offered for those who are escaping political persecution, which is rare in Syria, and in the case of subsidiary protection, there must be the threat of civil war. The judges ruled the threat is no longer so great that it necessitates this level of protection.
