In July 2025, the new coalition government suspended family reunification for beneficiaries of subsidiary protection for two years. This appears to correspond exactly to the requirements formulated by the European Court of Human Rights in 2021 and 2022 in the cases M.A. v Denmark (external link, opens in a new window) and M.T. and Others v Sweden (external link, opens in a new window). On closer inspection, however, it becomes clear that the suspension in Germany comes up against a regime that has already considerably restricted family reunification. This results in waiting times that are so long that justice must be done on a case-by-case basis via Section 22 of the Residence Act, which was actually only intended for exceptional cases of hardship.
In the Zeitschrift für Ausländerrecht und Ausländerpolitik (ZAR 2025, 347), Prof. Robert Uerpmann-Wittzack looked into the question and also considered whether the Federal Government could persuade the ECtHR to reconsider its previous case law. To do so, however, it would have to provide a viable justification, which it has so far failed to do.
