IG • GETTY Migrants who attacked a German man on a train had their asylum DENIED

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A shocking video showing a pensioner being assaulted on an underground train in Munich went viral around the world.



The men who had their asylum claims rejected cannot be deported back to Afghanistan because it is deemed too dangerous.



They may only be fined for the attack.

A spokesman for Munich police revealed the men have been granted so-called 'temporary stay' status

A spokesman for Munich police revealed the men have been granted so-called 'temporary stay' status.



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.



According to police, three Afghanis - 19, 20 and 25 - were riding the train on Saturday night.

IG The shocking video of the migrants attacking pensioners went viral

The confrontation was sparked when the elderly man was one of several passengers who tried to defend a woman who had been grabbed on the bottom by one of the trio after they spat between her feet.



Police described the behaviour of the threesome as "bullying and aggressive."



The woman, who was travelling with her husband, moved with him to another carriage.

IG The migrants have not been sent back to Afghanistan as it is too 'dangerous'

Then one of the group began stroking the hair of another younger woman.



When she rejected his advances he slammed his hand hard against the glass.



Other passengers began speaking out until the confrontation with the pensioner that was videoed on a mobile phone by another traveller and uploaded on to Facebook.

IG The migrants may only be fined for the attack