Court tilts Dobrindt's rejections: Asylum seekers are allowed to stay!

Court tilts Dobrindt's rejections: Asylum seekers are allowed to stay!

The Berlin Administrative Court found in a pioneering decision that the rejection of asylum seekers is unlawful during border controls in the German field. This principle applies in particular to the case of three Somalier, who were rejected by train from Poland in early May and were rejected to Frankfurt (Oder) on the same day after they had expressed an asylum application. The Federal Police had justified the rejection on the grounds that those affected had entered from a safe third country. rbb24

The judges of the 6th Chamber rejected the argumentation of the federal police and emphasized that Germany is obliged to carry out the Dublin process in full before rejection can be carried out. This means that asylum seekers may not be rejected without the Dublin procedure.

legal situation and political consequences

The decision is significantly restricted by the decision of the Federal Minister of the Interior Alexander Dobrindt to intensify the border controls and arrange the rejection of asylum seekers. Dobrindt had implemented this measure immediately after taking office, with exceptions to pregnant women, children and other vulnerable groups. Before that, it was only possible to reject people who had not expressed an asylum application or were proven with a temporary entry lock. The current decision contradicts this new political line and ensures a agitated debate among the parties. Zeit

In addition, the party asks the Greens, Dobrindt, to withdraw his order and criticize the national government's national governing on this matter. This perspective is also shared by the police union, which sees itself confirmed in their skepticism compared to the new procedure. She fears that the tightening of the regulations may not bring the hoped-for security.

outlook on possible developments

The decision of the Berlin Administrative Court is inconstitution, but a different decision could be made in a main procedure. Union politicians emphasize that they want to stick to the previous practice and consider the judgment as a individual decision that does not have a general effect. Interior Minister Dobrindt refers to Article 72 of the Treaty on the working method of the European Union. This legal basis could still be under discussion in the further course.

The controversial measures in the German border area are therefore the focus of political disputes and raise the question of how the Federal Government will deal with the topic of asylum and migration in the future.