The Sigmaringen Administrative Court (VG) ruled on March 7, 2024 that a refugee from the Gaza Strip is entitled to subsidiary protection. This is because civilians there are at risk of becoming victims of the large-scale Israeli military operation. An end to the open fighting is not to be expected any time soon. The humanitarian situation will also remain catastrophic for an unforeseeable period of time, meaning that there is a risk of inhumane treatment.
In contrast, the Federal Office for Migration and Refugees (BAMF) had argued that “due to a particularly volatile situation”, a decision on protection status was not ready for decision and could be postponed. According to the court, however, it is not foreseeable that the fighting that has been going on for months will end in the foreseeable future and the disastrous humanitarian and economic situation will also continue for an unforeseeable period of time.
In addition, a person from the Gaza Strip has no possibility of obtaining internal protection through internal flight. In particular, it is not possible for stateless persons from the Gaza Strip to enter the West Bank.
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