Court stops Dobrindt's asylum rejection at the border!
Court stops Dobrindt's asylum rejection at the border!
A current judgment of the Berlin Administrative Court has far -reaching consequences for German asylum policy. According to Tagesspiegel it is now illegal, To dismiss asylum seekers at German borders without carrying out properly Dublin procedure.
In the specific case, which led to this decision, three Somali complained, which had been sent back to Poland from Frankfurt (Oder) on May 9. The court found that the Federal Republic of Germany could not rely on an emergency in order to avoid the application of the Dublin Ordinance. The Federal Police had argued that the rejected persons had entered from a safe third country, which would justify the rejection. However, the court rejected this view because it lacked a sufficient statement of public security.
consequences for asylum policy
The judgment could have an important impact on the migration practice of Federal Minister of the Interior Alexander Dobrindt (CSU). The minister recently ordered an intensification of border controls and the right to reject asylum seekers, but with exceptions for vulnerable groups. The court decision questions this practice, since rejections are no longer possible for the time being. Dobrindt could be forced in the future to adapt his strategy to prevent legal complaints.
The procedure-also known as a Dublin procedure-is crucial for the provision of which EU member state is responsible for examining an asylum application. An asylum application usually has to be submitted in the Member State in which the person first entered to control secondary migration within Europe. The process includes the application in a branch office and the examination of the responsible countries by the Federal Office for Migration and Refugees ( Bamf ).
a complicated relationship
The court indicates that the examination of the Somalier asylum application by Germany could be problematic, especially with regard to relationships with Poland. Observers had already predicted that complaints would occur. Legal experts doubted the evidence of the emergency claimed by Interior Minister Dobrindt, which he had appointed. This decision is not only relevant for the specific case, but could also be transferable to other similar cases.
The federal police are faced with the challenge of not being able to fully control the 4,000 kilometer outside border in Germany. The controls were already introduced under Dobrindt's predecessor Nancy Faeser. Police representatives also criticize the overload and long layers of what Dobrindt presents before the decision: stick to the controls or loosen them due to the pressure of the unions.
Overall, the judgment shows that the legal framework for the rejection of asylum seekers is fundamentally questioned, which decisively influenced the hard migration course of the Federal Government.
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| Ort | Frankfurt (Oder), Deutschland |
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