The State Social Court of Lower Saxony-Bremen (LSG) has strengthened the rights of refugees who have already been recognised by another EU country but are exposed to inhuman or degrading treatment there and they can now receive benefits in Germany.
The court awarded full asylum rights to a Nigerian woman who had fled her country and was forced into prostitution and begging to make a living in Italy. Judgement was made on Monday.
The city of Göttingen had cut the benefits with the argument that the single mother, who was already recognised as a refugee in Italy, had only entered Germany to receive financial benefits.
The court ruled that, in the event of materiel need, state benefits could be a motive for entry, but this need not always lead to benefits being restricted. This applies in the event of an extreme material emergency that amounts to the risk of inhuman or degrading treatment.
In the event of illegal entry, if a refugee is completely on his own in an EU member state and has to live on the streets for along period of time then migration policy interest would have to take a back seat to the state’s obligation to provide benefits.