The GFF and PRO ASYL are currently aiming to stop the introduction of restrictive payment cards with several lawsuits because they violate the basic rights of refugees. With the payment card, transfers are not possible at all or only to authorized recipients. Online purchases are also not possible. Cash can only be withdrawn to a very limited extent - 50 euros per adult and 10 euros per child. Depending on the federal state, the payment card is a Visa or Mastercard debit card. This cannot be used to pay in smaller stores and restaurants in particular. Used goods such as bicycles, cell phones or children's clothing from private individuals, inexpensive online purchases, contributions for school trips or class trips, cell phone contracts, membership fees for sports clubs or legal fees - all of these cannot be paid for with the payment card or only within the extremely limited cash amount. In some cases, the use of the payment card is geographically restricted. This can mean that those affected cannot purchase certain products in their region at all, for example if the nearest halal supermarket is no longer in the permitted zip code area. Visits to friends or relatives in other regions are also made more difficult if there are geographical restrictions. Without any recognizable benefit, the payment card thus prevents asylum seekers from making their everyday lives affordable and easy in many places.

The payment card violates the basic right to a minimum subsistence level in keeping with human dignity. The Basic Law (Art. 1 Para. 1 in conjunction with Art. 20 Para. 1 GG) grants all people the right to a minimum subsistence level worthy of human beings, regardless of their origin and residence status. Politically motivated benefit cuts, for example to deter people seeking protection, are not permitted, as migration policy objectives do not change the needs of the people who are here. Benefits may also be provided in forms other than cash payments, for example as benefits in kind or in the form of a payment card. However, it must always be ensured that individual needs can actually be met. This is not the case with the restrictive payment card: it means that those affected are no longer able to purchase many goods and services that form part of the minimum subsistence level, or can only do so at higher prices.

First decisions reject restrictive payment card regulations

In Hamburg, we are supporting the lawsuit filed by a family of three living in an initial reception center in Hamburg. Since the introduction of the payment card, they have had a lump sum of 110 euros at their disposal, which they were previously able to withdraw from the payment card. With this amount, the pregnant applicant, her toddler and her husband cannot make the necessary essential purchases that require cash. The Hamburg Social Welfare Court declared this determination to be unlawful and initially awarded the family a cash amount of just under 270 euros. The Hamburg Office for Migration may not limit the amount of cash to 50 euros across the board without taking into account the personal and local circumstances of those affected. This means that the Office may not refer to the recommendation of the Conference of Minister Presidents, which agreed a cash limit of 50 euros per person in June of this year.

We were also successful in several summary proceedings in Nuremberg, which we are conducting together with lawyer Volker Gerloff, in July 2024. In two proceedings, the 11th Chamber of the Nuremberg Social Court found that the applicants' freedom of disposition was significantly restricted by the payment card and that their subsistence level was threatened. The Social Court also criticized the fact that the authorities had not exercised any discretion and had not justified the cash restriction to €50. The 17th Chamber agreed with this view in another case that we supported.

In the case of a single refugee, we were unable to achieve a result on the payment card regulations in summary proceedings. After the Hamburg Social Court rejected our application in June 2024, the Hamburg State Social Court also saw no urgency in July 2024 and referred us to lengthy main proceedings. The Hamburg State Social Court will therefore not make a decision on the legality of the payment card.

Full protection of fundamental rights for refugees

The proceedings are part of our commitment to humane living conditions for refugees. The fundamental right to a decent minimum standard of living is inalienable and also applies to asylum seekers.