Calls for Clarity in Germany's Refugee Policy for Palestinians

Germany is facing increasing pressure to clarify its refugee policy regarding Palestinians, particularly in light of the ongoing humanitarian crisis in Gaza. Following an 18-month moratorium on asylum decisions, advocates are urging the government to grant full refugee status to individuals fleeing the conflict.

Shafiq, a Palestinian who escaped from Gaza, is one such individual caught in a complex asylum process. After navigating through Egypt and Turkey, he arrived in Germany, hoping for safety and to secure medical treatment for his ailing daughter. However, he applied for asylum just as Germany's Federal Office for Migration and Refugees (BAMF) announced a temporary halt on processing asylum applications for Palestinians in January 2024.

Under Germany's constitutional right to asylum, individuals facing persecution due to various factors--including race, religion, and political opinion--are eligible for protection. However, BAMF's freeze on Palestinian asylum applications has raised concerns among human rights organizations and legal professionals. They argue that the reasoning behind the freeze, which cited a "temporarily uncertain situation" in Gaza, is unjustifiable given the escalating violence and high civilian casualties.

As of early 2025, courts have ruled in favor of Palestinian asylum seekers in several cases, asserting that BAMF's inaction was inappropriate. By mid-2025, BAMF indicated that the processing of asylum claims had resumed, with the situation in Gaza deemed stable enough for decision-making.

Humanitarian advocates assert that the freeze should never have occurred. They highlight that the dire conditions in Gaza pose a significant risk to civilians, emphasizing that individuals can be targets of military operations simply by being present in the area.

Asylum claims from Palestinians dropped significantly in recent years, with only 185 applications lodged in the first half of 2025, compared to 634 in 2024. The blockade of Gaza has made it increasingly challenging for individuals to flee, leading many to seek refuge with relatives in various countries.

Organizations like the Refugee Council of Lower Saxony are actively assisting Palestinians in securing refugee status. Historically, Palestinians have been granted a unique status under the United Nations Relief and Works Agency (UNRWA), which has been intended to provide temporary assistance since its establishment in 1949. However, the ongoing inability of UNRWA to operate effectively in Gaza has led to questions regarding the legality of granting subsidiary protection to Palestinians, as they may be eligible for full refugee status under international law.

German authorities offer subsidiary protection to individuals at risk of serious harm, but this is often viewed as a temporary measure. The recent political coalition in Germany has moved to suspend family reunification for those with subsidiary protection for at least two years, leading to further calls for a reassessment of the status afforded to Palestinians.

Some politicians, including members of the Left Party, advocate for immediate recognition of refugee status for Gazans arriving in Germany. They argue that the precarious conditions in Gaza eliminate any realistic prospects for return, necessitating a long-term solution for those seeking safety in Germany.

Shafiq remains uncertain about the outcome of his asylum application, having already faced immense personal tragedy, including the loss of his daughter and son. His family is scattered across Europe, and he continues to await clarity on his status in Germany, highlighting the urgent need for a coherent and compassionate policy regarding Palestinian refugees.