Germany Under Pressure to Grant Full Refugee Status to Palestinians Fleeing Gaza
Germany's Federal Office of Migration and Refugees (BAMF) controversially froze asylum applications from Palestinians in January 2024, citing uncertainty surrounding the situation in Gaza after the October 7, 2023, Hamas attack on Israel. This freeze, impacting approximately 1,100 open cases by February 2024 and 634 new applications in 2024, was challenged in court, with numerous rulings favoring applicants. The freeze was lifted in July 2025, but many Palestinians, like Shafiq, remain in limbo, having received only subsidiary protection, a less comprehensive status than full refugee status.
While Germany initially cited Article 24 of the Asylum Law, allowing postponement in uncertain situations, critics like Pro Asyl and human rights lawyer Alexander Gorski denounced the freeze as absurd and inhumane. The ongoing blockade of Gaza and the destruction caused by the conflict, exemplified by Shafiq’s personal story of loss and displacement, further complicate the situation. The inability of UNRWA to operate in Gaza, highlighted by a June 2024 European Court of Justice ruling, raises questions about the legal soundness of subsidiary protection. The recent suspension of family reunification for those with subsidiary protection further exacerbates the challenges faced by Palestinian refugees in Germany. Left Party parliamentarian Clara Bünger advocates for full refugee status upon arrival for Gazans.
Impact Statement: The ongoing situation in Gaza and Germany's response to the refugee crisis highlight the complex legal and humanitarian challenges surrounding asylum claims and the debate over the adequacy of subsidiary protection versus full refugee status.