(AP) – A Berlin court says that Syrians who have fled their homelands to avoid compulsory military service should be granted full refugee status.

The administrative court ruled Monday in the case of two Syrian men who fled in 2015 and been granted a lesser “subsidiary protection” and appealed to be granted refugee status.

The court said that if they returned they’d be punished for avoiding military service and would “with considerable likelihood” be considered regime opponents who face torture or death. Thus, the court said, they should be treated as refugees.

Both people with subsidiary protection and those with refugee status have the possibility for eventual permanent residence, with the biggest difference being refugees are more easily able to gain entry for their families.