Illegal asylum rejections: Minister Dobrindt remains hard!
Illegal asylum rejections: Minister Dobrindt remains hard!
A current judgment of the Berlin Administrative Court has declared the rejection of asylum seekers at German borders as illegal. In the specific case, three Somali asylum seekers who expressed an asylum application at the Frankfurt (Oder) train station on May 9, 2025 were rejected by the federal police. This referred to the assumption that Poland was a safe third country. The judges found that the Dublin procedure must be observed before asylum seekers may be rejected, and that the Federal Government has obligations towards EU law. The judgment could have far -reaching consequences for the practice of border controls in Germany, since the federal police have so far been authorized to carry out these rejections without a previous exam. Tagesschau reports that this decision is the first judicial review of the new regulations of Federal Minister of the Interior Alexander Dobrindt.
Federal Minister of the Interior Dobrindt (CSU) announced that the controversial rejections were being continued despite the judgment. He described the judgment as a "individual decision" and demands better reasons for the rehabilitation practiced by the federal government. In an irony in history, however, the continued measures could generate legal pressure on Dobrindt if other dishes are similar. The minister pointed out that the stricter controls at the borders had led to a decline in the number of asylum.
controversy within the state government
The statement by Siegfried Lorek (CDU), Secretary of Migration in Baden-Württemberg, ensures additional ignition material in the discussion. In a now deleted Instagram video, Lorek claimed that a "green administrative judge" had declared the rejection illegally. This led to violent criticism from colleagues, especially the Greens Daniela Evers and Sascha Binder from the SPD, who demanded Lorek's resignation. Evers warned of discrediting the judiciary and Binder emphasized that the independence of the courts should not be questioned.
As a result of the controversial, Lorek tried to make it clear that he did not want to question the independence of the judiciary. Nevertheless, his apology was perceived by users as not very credible. The spokesman for the Berlin Administrative Court pointed out the neutrality principle of the judges and sentenced the personal attacks to them after the judgment. According to SWR there were many concerns about the attacks on judges who have increased in the course of the political debate on the rejection.
legal situation and reactions
The decision of the court rejected Dobrindt's reasoning to refer to Article 72 of the TFEU, since it lacked a sufficient statement of a risk to public security or order. The judges' association and the administrative judge associations condemned the attacks on the judiciary and demanded a respectful approach. ZDF quotes asylum law experts who call up the legal basis for the rejection and to obtain clear positions.
The matter remains tense, since the federal police may continue to carry out the rejection at the borders, but the pressure on the federal government could grow if similar decisions of other courts follow. Praise from the human rights organizations will only arise if the practices of the rejection of asylum seekers are terminated. Dobrindt's explanation to continue the measures shows that the debate about human rights and border controls in Germany remains an extremely controversial topic.
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| Ort | Frankfurt (Oder), Deutschland |
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