The applicants are a 34-year-old man born in the North of Gaza and a 32-year-old national of Somalia national who were provided refugee protection in Greece and subsequently left for Germany where they applied for asylum. The Federal Office for Migration and Refugees (BAMF) rejected their asylum applications as inadmissible, with a threat of being transferred back to Greece. On appeal, the Higher Administrative Court dismissed their complaint because, based on the high threshold of significance required by case law, if they transferred to Greece, they were not at significant risk of inhuman or degrading treatment, as provided in Article 4 of the EU Charter.

The Federal Administrative Court confirmed the ruling of the Administrative Court. The Federal Administrative Court considered that it cannot be expected with any significant probability that able-bodied, healthy, and single young male beneficiaries of protection transferred back to Greece will find themselves in extreme material hardship, preventing them from meeting their most basic needs in terms of accommodation, food, and hygiene. The court observed that due to bureaucratic hurdles and waiting times to receive the necessary documents, many beneficiaries of protection do not have access to state support immediately upon arrival, in particular from the current bridging program, the Helios+ integration program, or the state basic income. However, the court noted that they can likely find accommodation at least in temporary shelters or emergency accommodations with basic sanitary facilities, which are operated at the municipal level and by non-governmental aid organizations. In addition, they can cover their other basic needs, including food, through their income, initially at least in the so-called informal economy, supplemented by support services from the aforementioned organizations if necessary. The court further added that emergency medical care and first aid are also guaranteed in Greece.

Thus, the Federal Administrative Court concluded that asylum applications lodged by single, employable and non-vulnerable beneficiaries of international protection in Greece can be rejected as inadmissible in Germany under Section 29(1) No. 2 of the Asylum Act.