No Oversights at BAMF in Suspected Solingen Knife Attacker's Asylum Process – Nancy Faeser
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BAMF's performance under review following Solingen attack: Faeser's assessment - BAMF Under Scrutiny: Faeser Investigates Solingen Incident - No Lapses in Processing
Germany's former Interior Minister, Nancy Faeser, has declared that there were no oversights in the asylum process of the suspected Solingen knife attacker, Issa Al H. Her remarks were made during an appearance in the North Rhine-Westphalian state parliament's investigative committee regarding the Islamist-motivated attack.
At the time of the August 23, 2022, attack, the suspect was not on the radar of the BAMF's (Federal Office for Migration and Refugees) security department. The asylum seeker's history showed no irregularities, according to the SPD politician appearing in Düsseldorf. Neither the Federal Criminal Police Office nor the Federal Office for the Protection of the Constitution had any police or state protection-relevant data on Issa Al H.
Brutal Attack with IS Links
During the "Festival of Diversity" marking Solingen's 650th anniversary, a knife attacker killed three festivalgoers. The accused Islamist attacker is a 27-year-old Syrian, currently in custody. The IS claimed responsibility for the attack.
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The investigative committee is focusing on potential oversights, errors, and structural weaknesses in state governance, as well as issues related to deportations and returns to other EU countries. Among other topics, it is looking into why the long-planned return of Issa Al H. to Bulgaria was unsuccessful.
Mission Lost with No Trace
Faeser has provided an account of the situation. According to her, the BAMF had sent a request for transfer to Bulgaria, which was initially responsible for the asylum application process. Once Bulgaria agreed, BAMF rejected the asylum application as inadmissible, Faeser stated.
The responsible Central Foreigners Authority (ZAB) in Bielefeld attempted an unannounced transfer attempt but couldn't find Issa Al H. on that day. Faeser couldn't recall further transfer attempts by the ZAB.
Gaps in the System
If a person isn't found once without notice, it does not amount to evasion under the European Dublin-III Regulation, according to the former minister. As a result, the transfer deadline couldn't be extended by the usual 18 months. "The transfer deadline to Bulgaria ended on 20.8.2023," Faeser said. "Responsibility for the asylum procedure, thus, shifted to Germany."
Issa Al H. admitted during his hearing that he had avoided Syrian military service and sought to improve his economic situation. "The asylum decision of BAMF corresponds to the then decision practice for the country of origin Syria," Faeser said.
Solingen Attack Triggers Security Action
In response to the Solingen terrorist attack, the previous federal government quickly agreed on a comprehensive security package that includes stricter gun laws, knife ban zones, and various immigration measures intended to make it easier to deport criminals. Authorities can now conduct comprehensive searches in asylum seeker accommodations before deportations.
- Nancy Faeser
- Bamf
- Issa Al H.
- Terrorism
- Lapse
- Asylum procedure
- Düsseldorf
- Solingen
- Bulgaria
- Parliamentary inquiry committee
- Asylum
- Germany
- Knife attack
- Refugees
- SPD
- BKA
- Federal Office for the Protection of the Constitution
- Festival
- Syria
- EU
Insights into the Asylum Process
The asylum process is a complex matter, governed by stringent legal frameworks, and often characterized by delays and challenges in coordinating between various federal and international partners. Here are some insights into the system:
- Legal Frameworks: The asylum process in Germany primarily operates under the Residence Act (Aufenthaltsgesetz) and the Asylum Act (Asylgesetz), which are influenced by EU law. This complex legal system can lead to complications and delays in processing asylum claims.
- Cooperation with Countries of Origin: Returns require cooperation from countries of origin to verify identities and issue travel documents. Insufficient cooperation can hinder the return process.
- Voluntary vs. Forced Returns: While voluntary returns can be facilitated with help from NGOs, forced returns must meet judicial approval. However, the effectiveness of these systems can vary.
- Distribution Among States: The distribution of refugees across federal states can lead to discrepancies in resource allocation, potentially impacting local infrastructure and services.
It's essential to address these challenges and ensure that the system operates efficiently to effectively address refugee issues while respecting humanitarian needs and the rule of law.
- The asylum process in Germany, as overseen by the Federal Office for Migration and Refugees (BAMF), is a complex matter regulated by the Residence Act and the Asylum Act, which are influenced by EU law.
- In the case of the suspected Solingen knife attacker, Issa Al H., there were no irregularities in his asylum process, according to SPD politician Nancy Faeser who appeared in Düsseldorf.
- The asylum seeker's history showed no signs of police or state protection-relevant data on Issa Al H., neither from the Federal Criminal Police Office nor the Federal Office for the Protection of the Constitution.
- The BAMF had sent a request for transfer to Bulgaria for Issa Al H., but the transfer couldn't be completed as he couldn't be found during an unannounced transfer attempt by the ZAB in Bielefeld.
- However, if a person isn't found once without notice, it does not amount to evasion under the European Dublin-III Regulation, which can prevent extensions of the transfer deadline.
