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A German court has ruled that there is no longer a general danger to all civilians from the long-running conflict in Syria, rejecting a claim to protected status by a Syrian man who had been convicted in Austria for involvement in smuggling people into Europe.
The ruling by the top administrative court of North Rhine-Westphalia state, Germany's most populous, was announced Monday. Justice Minister Marco Buschmann said Tuesday it was “a decision that one can understand, if one assumes that there are now regions in this country that are very dangerous but also other areas where there isn't necessary a danger to life.”
It wasn't immediately clear what consequences if any the ruling would have for German authorities' practice in handling claims for protection from Syrians, who so far largely have been deemed to face such a threat. It could still be appealed.
The court in the western city of Muenster ruled in the case of a man from Hasaka province in northeastern Syria who arrived in Germany in 2014.
German authorities denied him protected status because he had previously been involved in smuggling people from Turkey to Europe, an offense for which he was given a several-year sentence in Austria. But a court obliged them to recognize him as a refugee.
The Muenster court reversed that ruling on appeal. The presiding judge said the man didn't face political persecution in Syria and his previous offenses barred him from being given refugee or other protected status, the court said in a statement.
It also found that he didn't qualify for a lesser degree of protection in part because there is no longer a “serious individual threat to the life or physical integrity of civilians as a result of arbitrary violence in the context of a domestic conflict in Hasaka province, but also generally in Syria.” The court contended that fighting and attacks in the region no longer reach a level at which civilians face a high probability of being killed and wounded.
A German group that supports asylum-seekers criticized the ruling. Wiebke Judith, a spokesperson for Pro Asyl, argued that it ignores the reality in Syria, German news agency dpa reported.
Germany has been a major destination for Syrians fleeing the country's 13-year civil war. Attitudes toward migrants have hardened in recent years.
Last month, Chancellor Olaf Scholz vowed to resume deporting criminals from Afghanistan and Syria, though it remains unclear how that would happen.
