A Berlin-Brandenburg administrative court has ruled that Russian military conscription does not automatically grant protection from deportation, overturning a previous decision that had shielded a 22-year-old Russian man from removal.
Court Reverses Prior Protection Ruling
The case involved a 22-year-old Russian national who was granted protection from deportation by a Berlin administrative court in 2023. At the time, the court concluded that he faced a significant risk of being forced into military service in Ukraine, exposing him to inhuman treatment, death, or involvement in international law violations.
However, the Higher Administrative Court of Berlin-Brandenburg ruled on Friday, May 29, that conscripts from the Russian Federation are not entitled to protection solely on the basis of expected military service. The court stated it was not convinced the individual faced an immediate risk of deployment to the Ukrainian war front.
Legal Thresholds for Deportation Bans
The court emphasized that basic, one-year military service does not inherently carry a high probability of torture or inhuman treatment. Consequently, the risk profile did not meet the criteria required to maintain a ban on deportation. The individual retains the right to appeal the decision to the Federal Administrative Court.
According to Spiegel.de, supplementary protection is reserved for individuals facing serious harm in their home countries, such as the death penalty, torture, or life-threatening risks resulting from armed conflict, who do not meet the strict criteria for refugee status.
Reports of Escalating Russian Mobilization
Ukrainian President Volodymyr Zelensky stated this week that reports indicate Moscow is preparing for a new wave of mobilization. The political leadership in Russia reportedly intends to increase its occupation forces by several tens of thousands of personnel to offset high casualty rates on the front lines.
Zelensky warned that these actions confirm Moscow’s lack of interest in diplomacy. Meanwhile, Ukrainian Defense Minister Mykhailo Fedorov noted that Russia is currently sustaining over 35,000 casualties per month, with the intensity of losses rising significantly since the start of the year.
