Who is an “environmental refugee”?
An environmental refugee is a person who is forced to leave their home because of:
Catastrophic climate change (e.g., rising sea levels that swallow islands)
Long-term droughts leading to agricultural collapse and famine
Devastating hurricanes and floods
Severe pollution or major industrial/environmental disasters
However, they are not legally classified as “refugees” under the definition of the Geneva Refugee Convention.
What is Germany’s legal position?
No official legal recognition so far
German law does not recognise environmental or climate displacement as an independent ground for protection under:
the Geneva Refugee Convention, which focuses on persecution based on race, religion, political opinion, membership of a particular social group, etc., and
the German Asylum Act (Asylgesetz), which does not list environmental threats as grounds for asylum or subsidiary protection (§ 3, § 4 AsylG).
Are there exceptions or humanitarian pathways?
Despite the lack of a direct legal basis, some environmental cases may receive a temporary humanitarian residence option if:
deportation is impossible for practical reasons, or
there is a serious humanitarian risk.
For example, if pollution or famine poses an immediate threat to life, residence may be considered under:
§ 60(7) AufenthG (serious risk to life or health)
or
§ 25(5) AufenthG (impossibility of deportation).
In very exceptional cases, an administrative court (Verwaltungsgericht) may stop deportation if the applicant proves that return would expose them to a direct, unavoidable danger (e.g., starvation or collapse of the health system due to an environmental disaster).
These cases are very rare, require strong evidence and detailed environmental reports, and are often rejected.
International developments and their impact on Germany
In 2020, a UN human-rights body stated that removing someone to a country severely affected by environmental disaster could violate the right to life, triggering global debate.
Germany follows these developments, but has not yet turned them into binding national rules.
The EU is working on mechanisms to address climate migration within future adaptation policies.
Germany’s current government approach
There are currently no plans to recognise “environmental refugees” as a separate category within the asylum system.
Instead, climate-affected countries are supported through development assistance.
In sudden disasters, temporary humanitarian visas or a temporary deportation freeze (Abschiebestopp) may be possible.
Summary
At present, environmental asylum is not an independent legal basis for protection in Germany.
But there are very narrow legal windows for humanitarian residence if an applicant proves that their life is directly threatened by climate-related conditions in their country of origin.
As global climate crises intensify, the coming years may bring gradual shifts in European policies and open new paths toward recognising “climate-displaced persons” in international law.
— The site’s authors and editors strive to provide accurate information through extensive research and by consulting multiple sources. However, some errors may occur or certain information may remain unconfirmed. Please treat this as an initial reference and always consult the competent authorities for confirmed information.
