EU Top Court Argues for More Benefits for Deported Immigrant
23rd October 2025
The European Court of Justice’s Advocate General has once again put the rights of deported asylum seekers above the needs of ordinary Europeans. In an opinion issued Thursday, Advocate General Richard de la Tour declared that an asylum seeker who cannot be transferred to another EU country within the set deadline must continue receiving full asylum benefits, including money for clothing, household goods, transport—and even a cell phone.
The case revolves around an Afghan national who first applied for asylum in Romania in 2021 before entering Germany. Under the Dublin Agreement, Romania—as the first country of entry—is responsible for his application. Romania had agreed to take him back but suspended the transfer due to the war in Ukraine. In the meantime, German authorities in the Bavarian district of Schweinfurt reduced the man’s benefits, limiting them to essentials such as food, accommodation, and medical care.
Rather than supporting this reasonable restriction, the Advocate General sided with the Afghan claimant. He argued that the 2013 EU Reception Conditions Directive “prohibits a Member State from denying an applicant benefits to cover his or her needs for clothing and household goods.” He went further, calling Germany’s national legislation “problematic” for allowing the automatic withdrawal of benefits without a detailed assessment of the personal consequences for the applicant.