Border Court Triumph: Germany Cannot Summarily Reject Asylum Seekers
Border Courts Halt Denial of Asylum for Immigrants
Get the latest on the heated row between the Federal Government and the courts regarding border control practices! In a shocking turn of events, the Berlin Administrative Court has issued a ruling that stops authorities from rejecting asylum seekers at the German border. This decision came after a lawsuit filed by three Somali citizens earlier this year.
The controversial border regulations, instated by Interior Minister Alexander Dobrindt, have been challenged in this landmark case. Dobrindt ordered increased border controls and the authorization for asylum seekers to be turned away at the border, just a few hours after he took office in May.
This action involved three individuals from Somalia who were traveling by train from Poland. They were stopped at the train station in Frankfurt (Oder) and sent back to Poland following their asylum application the same day. The Federal Police justified their rejection, arguing that the applicants had entered a safe third country. However, the applicants contested this in an urgent court proceeding. The decision in this case is reportedly final.
Government Lacks Grounds to Invoke "National Emergency"
According to EU regulations outlined in the Dublin Regulation, authorities may not simply reject asylum seekers at the border. Instead, German officials must initiate the complex Dublin procedure to transfer the asylum seekers to their responsible EU state, typically the one through which they initially entered the European Union.
The court rejected the German government's attempt to invoke a "national emergency" as defense for bypassing the Dublin Regulation. There was deemed to be "insufficient evidence of a danger to public safety or order." This ruling highlights the government's obligation to abide by the EU regulations when handling asylum claims filed on German territory, regardless of the circumstances.
However, it's important to note that asylum seekers cannot demand entry into Federal territory beyond the border crossing. The Dublin procedure can be conducted at the border or in the border area without requiring a permit for entry.
EU Regulations and Asylum Seekers
The European Union has specific regulations governing the treatment of asylum seekers, primarily outlined in the Dublin III Regulation. This regulation dictates that the EU state where the asylum seeker first sets foot is generally responsible for processing their claim. However, there are exceptions, such as health reasons or a risk to life or limb, which can prevent a transfer under the Dublin procedure.
In addition, asylum seekers have the right to have their claims heard through a fair process, and any return must comply with these procedural rights. Any national emergency measures invoked must respect EU regulations and fundamental rights.
Courts, like the one in Germany, have recently reaffirmed that rejecting asylum seekers at the border is unlawful under EU law, emphasizing the difficulties in invoking a national emergency to bypass these regulations.
[1] Dublin III Regulation:https://efa.europa.eu/AI/Asylum-information_en[2] European Union Agency for Asylum:https://eua.europa.eu/[3] European Union Charter of Fundamental Rights:https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT[4] Safe Third Country Concept:https://www.asylumineurope.org/reports/country/safe-third-country/members-of-the-european-union/
- The recent ruling by the Berlin Administrative Court stressed that the employment policy of German authorities should be in line with EU regulations and fundamental rights, particularly when dealing with asylum seekers.
- In the ongoing discussion about community policy and politics related to migration and asylum, this court decision serves as an important reminder that invoking a national emergency to bypass EU regulations, such as the Dublin III Regulation, requires substantial evidence and cannot violate general-news principles like public safety and order.
