The Higher Administrative Court of Berlin found that the prospect of compulsory service in the Russian Federation does not entail risks of being sent to Ukraine and inhumane treatment, and therefore does not grant Russians in Germany the right to protection from deportation.
The mere prospect of mandatory military service in the homeland does not grant Russians in Germany the right to protection from deportation. This decision was made on Thursday, May 28, by the Higher Administrative Court of Berlin-Brandenburg (OVG), thereby overturning the ruling of the Administrative Court of Berlin made in December 2023.
At that time, the first-instance court granted subsidiary protection to a Russian citizen born in 2004. The Administrative Court considered it "highly likely" that this individual would be unable to withstand state pressure and would be compelled to serve under contract. In the status of a contract soldier, he would face the prospect of being sent to an aggressive war against Ukraine, conducted in violation of international law, and consequently, he would be at risk of being killed, injured, or forced to commit acts that violate international law, the first-instance court indicated.
Higher Court of Berlin: Risk for Those Returning to the Russian Federation Not Confirmed
The Federal Office for Migration and Refugees appealed this decision to the Higher Administrative Court, which reached different conclusions. The Senate did not find the argument convincing that the plaintiff faced a significant likelihood of being conscripted against his will for military service under contract, the higher court stated. The court also found that in the status of a conscript, the plaintiff was not at risk of being sent to Ukraine, and the mere completion of a one-year compulsory military service did not entail the risk of being subjected to torture and inhumane treatment. The likelihood of such a risk, which would serve as grounds for a deportation ban, was not confirmed, concluded the OVG.
Subsidiary Protection in Germany
Subsidiary protection in Germany is granted to individuals who may face serious threats upon returning to their homeland but do not meet the criteria for being recognized as refugees. Grounds for subsidiary protection include the threat of the death penalty, torture, or serious threats to life due to armed conflict.
Court in Magdeburg: Draft Dodgers Returning to the Russian Federation Are Not at Risk of Inhumane Treatment
In March 2026, the Higher Administrative Court of Magdeburg issued a similar ruling, stating that individuals evading conscription and returning to Russia are not at risk of inhumane treatment.
The Higher Administrative Court of Berlin-Brandenburg did not allow an appeal of its ruling. However, an appeal can be filed with the Federal Administrative Court.
