Comparison between first instance and appeal decision rates: 2025
It should be noted that, during the same year, the first instance and appeal authorities handle different caseloads. Thus, the decisions below do not concern the same
applicants.
The MoMA presents an overall protection rate at second instance of 4.34%11.12
According to calculations made on the basis of the data provided in the table below, the in-merit protection rate at second instance would be as follows: 4.7% refugee
protection and 1.8% subsidiary protection.
First instance (in merit)
Number
Total number of decisions
37,868
Appeal (in-merit)
Percentage
Number
Percentage
100%
6,82713
100%
Positive decisions
7.2%
•
Refugee status
24,353
64.3%
319
4.7%
•
Subsidiary protection
2,384
6.3%
125
1.8%
•
Other14
-
-
47
0.7%
39.4%
6,33616
92.8%
Negative decisions
14,93015
Source: MoMA, Statistics: Consolidated Reports – Overview, December 2025 - International Protection | Appendix A, available at: https://tinyurl.com/26ynfarp Tables 8a and 8b.
11
12
13
14
15
16
MoMA, Statistics: Consolidated Reports – Overview, December 2025 - International Protection | Appendix A, available at: https://tinyurl.com/26ynfarp Table 11g.
Manual calculations of the data presented by the MoMA appear to show that, to calculate the total number of decisions, the MoMA takes into account all types of decisions taken
on appeal (10,219), including regarding inadmissibility decisions and explicit/implicit withdrawals, but exclusing those related to the Dublin procedure (162).
This figure does not include implicit withdrawals (52).
Other positive decisions on second instance refers to second instance decisions rejecting the appeal submitted against a first instance decision not granting refugee protections but
finding that the applicant should be recognised as a beneficiary of subsidiary protection, by which the status of the beneficiary of subsidiary protection is maintained (28). It also
includes positive decisions regarding appeals against decision revoking/non-renewing status (19).
Of which 2,749 rejections were declared unfounded, 54 rejections based on Article 12 (exclusion) Directive 2011/95/EU, 3,799 archived cases, and 8,328 in the context of accelerated
procedures.
Of which 1,567 were rejected on the merits, 1 rejected as unfounded, 1,526 rejected as manifestly unfounded, 3,154 rejected as manifestly unfounded due to the safe country of
origin concept, 37 based on Article 12 (exclusion) Directive 2011/95/EU, and 51 rejecting an appeal against status revoction / non-renewal status.
10