28. September 2025

Lawsuits against reduced asylum seeker benefits promising

People who have applied for asylum and whose asylum procedure is ongoing receive social benefits under the Asylum Seekers Benefits Act. These benefits were reduced on January 1, 2025. tuenews INTERNATIONAL reported: tun24111202

According to the Refugee Council of Baden-Württemberg, complaints about this can be filed with great chances of success in social courts. In February 2025, for example, the Marburg Social Court ruled that asylum seekers also have a right to protection of their vested rights such that benefits may not be cut. This affects all refugees who have not yet been in Germany for more than 36 months. As the Refugee Council explains, these complaints have no influence on the asylum procedure, the legal residence status or deportations. There are law firms that take on these cases for free because they are usually won.

Review by the Federal Constitutional Court
Finally, the Refugee Council points out that the reduction of social benefits for single persons in shared accommodation to a lower standard rate is currently being reviewed by the Federal Constitutional Court. Likewise, there are constitutional doubts as to whether the basic benefits for asylum seekers are proportionate to the “normal” subsistence level of the citizen’s income over such a long period of 36 months. The Federal Constitutional Court will also decide on this.
Further information: Refugee Council | Complaints against cuts in asylum seeker benefits
Law firms that can provide advice are also mentioned here.

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