A gang of migrants who attacked two pensioners on a Munich subway train are Afghans who have been living in Germany for four years even though their asylum applications have been rejected, MailOnline can reveal.

The men - aged 19, 20 and 23 - cannot be deported back to Afghanistan because it is deemed too dangerous. They may only be fined 200 euros for the attack.

Shocking footage of the assault this week showed the three men roughly seizing one elderly man by the arms, pinning him against the rail and shouting abuse at him.

A second elderly man can be seen grappling with one of the gang, before he is held up by the neck and threatened.

A Munich police spokesman told MailOnline it was 'a big problem' that so many migrants were able to stay in the country even after their asylum requests were rejected.

‘They have come here and their asylum requests have been rejected, but we aren’t able to send them home because there are no flights,' said police spokesman Sven Muller.

'A lot of people who have come here from war zones, from Iraq, Afghanistan or Somalia, can't be sent back when their asylum requests are denied because it’s too dangerous.'

‘It’s a big problem for Germany, and everywhere in Europe.'

Mr Muller estimated that there are a 'few hundred thousand' people in Germany living under a status dubbed 'tolerated stay' - or 'Duldung' in German.

‘They aren’t here illegally, but it’s a legal position of its own. It’s for people who have sought asylum and been rejected but it’s not possible to send them back home.

‘It means they can stay in Germany until it’s possible to send them back.

‘We have some people, from countries with civil wars, who have been here like this for 10 or 15 years.

Chaos: Police have identified the three men who attacked two pensioners on a Munich subway train as migrants from Afghanistan, who were living in Germany despite their asylum requests being rejected

Violence: The fight broke out after the pensioners defended a woman who rejected one of the gang's advances. A spokesman for Munich police revealed the men couldn't be sent back to Afghanistan as it is too dangerous, and have been granted so-called 'temporary stay'

‘We have very strict asylum rules here and not everyone has a chance. Only a very small amount of people get asylum, but it’s not possible to send those who don’t back to their countries.'

Mr Muller added: 'If you are here as an asylum-seeker, you have to live in a specific centre. But if you are "tolerated", you can live anywhere you like and work as well.'

He said it would be preferable in Germany to be 'tolerated' than be granted asylum, as you have more freedom.

Frankfurt-based refugee organisation Pro Asyl has estimated that more than 100,000 foreigners are living in Germany under the ‘tolerated stay’, which has been used for decades by local authorities.

Of these, the organisation believes some 10 per cent have already been living in Germany for more than 15 years.

People with 'Duldung' are also able to claim benefits in Germany, although they are limited according to the Law of Benefits for Asylum Seekers.

For the first four years, the benefits received are 40 per cent lower than the benefits provided by the Job Centre, according to an information leaflet for migrants.

Trouble: Munich police spokesman said the 'temporary stay' - or Duldung in German - is a 'big problem for Germany', as there are already 'a few hundred thousand' people with 'temporary stay' in the country

Detectives were able to trace the men after shocking footage of the attack went viral yesterday, sparking an investigation.

Munich man Tom Roth, 26, uploaded the footage - captured while travelling from Sendlinger Tor station to the Metro's city centre terminal - to his Facebook page.

He said the fight broke out after a female passenger rejected the advances of one of the gang, after he placed his hand on her back.

In response, the man smashed his hand against one of the carriage's glass windows - which caused outrage among the shocked passengers.

According to police, one of the men had previously spat on the ground at the feet of an elderly lady. When she tried to move to a seat further away the man 'groped her buttocks' and tried to trip up the woman, who was walking with a cane.

Three of the men, as well as the two victims, have been identified - but German law bans them from being named.

But Mr Muller said: 'No crime has technically been committed, so maybe they will go to court in a few months, maybe they will get fined 200 euros, but nothing much.’

Uprising: The incident is the latest violent incident between German residents and asylum-seekers in recent weeks. Pictured, migrants and refugees are seen arriving by train at Munich Hauptbahnhof railway station on September 12 last year

Attacks: It follows New Year riots in Cologne which were triggered by a number of sexual assaults made against local women by a group of up to a 1,000 men 'of Arab and North African origin'

WHAT IS A 'DULDUNG'? THE GRANT FOR 'TEMPORARY STAY' THAT LEAVES MIGRANTS TRAPPED IN LIMBO FOR YEARS When arriving in a European country – the first European country they arrive in – a migrant can apply for asylum. If rejected, however, and their country is deemed to be too dangerous for them to be sent back, they can be granted a ‘temporary stay’ – known as Duldung in Germany. It doesn’t give permission to stay in Germany permanently; it only means that they are obliged to leave when possible but can’t do so at the moment. Work and education It doesn’t entitle the tolerated refugee to integration courses, and any language lessons have to be paid for by them. Anyone under the age of 16 has to attend school, and anyone under 18 has to attend vocational school. But the tolerated refugee is banned from working, including internships and apprenticeships, for the first year of their stay in the country. After a year, the refugee is able to apply for a work permit. It will be granted if there are no other people with priority [i.e. Germans] available for the job and if the working conditions are comparable to those of a German employee. After four years in the country, tolerated refugees have full access to the labour market. Benefits They are able to register as unemployed, if they aren’t prohibited from working. If they have been paying social security contributions in Germany for more than a year, and then become unemployed, they can get cash benefits from the Employment Centre. Family Tolerated refugees don’t have the right to family reunification, although children of people with a Duldung who were born in Germany normally get a Duldung too. Recent changes to the law mean that tolerated refugees can apply for residency after eight years - although they have to be capable of speaking the language, and supporting themselves on an income. Advertisement

The incident is the latest in a series of violent confrontations between German residents and asylum-seekers.

It follows New Year riots in Cologne triggered by a number of sexual assaults made against local women by a group of up to a 1,000 men 'of Arab and North African origin'.

Police described the series of assaults against women outside the city's main train terminal as 'a completely new dimension of crime'.

Mr Roth stressed that after his own experience, he believes German chancellor Angela Merkel must now take action to protect the country's citizens.

He said: 'I just felt the need to share this. Those involved were very distressed. An older lady said she doesn't leave her home at night any more. The two gentlemen said that it cannot go on like this.

'I felt safer in Germany two or three years ago. I find that terrifying and sad.