Earthquake: court grants protection
Earthquake: court grants protection
In mid-2026, an administrative court granted a deportation ban for a person from Venezuela, because the June 2026 earthquake had worsened conditions in the country so severely that, in this case, return was unreasonable. It is one of the first decisions of its kind, and it confirms what we had flagged early on.
We had already reported on the earthquake and its consequences for people seeking protection. Now the first judicial confirmation is here.
The court did not grant asylum, refugee status, or subsidiary protection; it rejected all three. The protection rests on a deportation ban on humanitarian grounds (Section 60(5) of the Residence Act, read with Article 3 of the European Convention on Human Rights). It is an exceptional route that requires looking closely at the individual case.
The case arrived the way many do. In November 2024 the Federal Office rejected everything and ordered the person to leave. The lawsuit was filed within the deadline, which is short; miss it, and the case is lost before it starts.
What carried the case was the country of origin seen with up-to-date data. Venezuela was already in a deep economic and humanitarian crisis; the June 2026 earthquake struck the very home region and left safe housing and medical care no longer assured. The most recent country reports, together with a position of particular personal vulnerability, showed that a return would expose the person to treatment incompatible with Article 3 of the Convention. The court shared that assessment, granted the deportation ban, and set aside the removal order and the re-entry ban.
"On 24 June 2026, two earthquakes of magnitude 7.2 and 7.5 struck numerous regions in north-eastern Venezuela, including the capital, Caracas, within 39 seconds. […] Official figures report at least 1,430 dead, 3,200 injured and up to 50,000 missing, as well as at least 20 recorded aftershocks. […] According to IOM estimates, up to 6.7 million people could be affected by the disaster. Around 30 million Venezuelans were already living in extreme poverty before the earthquakes; now thousands have been left homeless. In the states of La Guaira, Caracas, Carabobo, Aragua and Falcón numerous hospitals were severely damaged. […] Reliable access to safe drinking water is not ensured in the affected region."
From the country reports the court relied on (BAMF Briefing Notes of 29 June 2026; UNICEF, 29 June 2026). Translated from the German original.
"On this basis, taking into account living conditions across Venezuela and the personal situation […], the requirements for a deportation ban under Section 60(5) of the Residence Act in conjunction with Article 3 ECHR are met."
So the administrative court in its decision. Translated from the German original.
Asylum law is in constant motion. What looked closed yesterday can open today when the situation in the country of origin changes. We follow that development closely and bring it into our proceedings; through our cases and our work we help shape the case law that is being written.
A deportation ban is not a residence permit, but it protects against removal and usually opens the path to one.
For your own case, nothing automatic follows. Every case is individual, and no one can promise an outcome. A rejection is not the end, and new facts count. If you come from a region hit by the earthquake, or your situation has changed, check your deadlines today. Write to us and we will look at it together — factually and honestly.
A veces la solución no está en el derecho de asilo, sino al lado. Mirar toda la vida de la persona, y no solo la solicitud de asilo, aseguró aquí a una familia.
Solicita una primera consulta: info@kap-kanzlei.de | WhatsApp +49 163 6666171
https://kap-kanzlei.de/es/5/contacto.html
KAP Kanzlei Leipzig | Kleibömer Dr. Arroyave Partnerschaft | Arbeitsrecht und Migrationsrecht
