Berlin Court: Refused Asylum Decisions Without Review Declared Unlawful
Unlawful Absence of Review in Asylum Application Rejections, Rules Berlin Court - European Court Issues Judgment on Union Matters
Here's the skinny on a recent court ruling that's shaking up Germany's immigration policies. After Interior Minister Alexander Dobrindt (CSU) tightened up border controls in May, a Berlin court handed down some pretty controversial decisions.
These court rulings primarily affected three Somalis—two gents and a lady—whose urgent applications were mostly successful. However, the court essentially stated that refusals at border controls in such cases tend to be illegal.
The trio journeyed to Germany via train from Poland. On May 9, the Federal Police intercepted them at Frankfurt an der Oder station in Brandenburg. The gang claimed they aimed to apply for asylum, but they were turned away to Poland the same day, with the Feds justifying their actions by arguing the refugees had entered from a safe third country.
However, the court overturned their rejections, stating that since the three expressed their intent for asylum, they should've been permitted to cross the border (albeit not necessarily unrestricted). The Dublin procedure might've taken place at the border or in the surrounding area at this point.
In this procedure, the Federal Office for Migration and Refugees determines which country is responsible for the asylum procedure, often the first European country the applicants landed in. But factors like living relatives in another EU country can also factor in.
The federal government can't rely on the notion that the Dublin Regulation shouldn't be applied due to an emergency situation, the court clarified. Furthermore, they can't base rejections on an exception rule, as no public safety or order risks have been demonstrated.
Dobrindt insists on continuing rejections, stating, "We're sticking to the refusals" in a Berlin press conference Monday evening. The ministry is also seeking a ruling in the main proceedings.
Critics, such as refugee organization Pro Asyl, have called for an "immediate end to unlawful rejections at the German borders." Some see Dobrindt's actions as causing unnecessary suffering for asylum seekers and causing diplomatic damage through his national solo action.
Greens faction leader Britta Haßelmann bluntly stated, "The government is at the end of the road with this legally highly questionable national solo action." Green Party leader Felix Banaszak referred to the government's efforts as "unserious and highly questionable."
Left politician Clara Bünger urged Dobrindt to face political consequences from the court decision. "A minister who deliberately breaks the law is unacceptable."
So, it seems the rejection of asylum and protection seekers is "legally highly controversial," as stated by Andreas Roßkopf, chairman of the GdP's federal police department, in Funke newspapers[5]. It's crucial that no consequences or legal repercussions remain hanging over the heads of our officers.
- Border Control
- Asylum
- Asylum Application
- Administrative Court
- Rejection
- Alexander Dobrindt
- Berlin
- Escalation
- Germany
- Federal Police
- EU
- Federal Government
- Somalia
- CSU
- Men
- Woman
- Poland
- Frankfurt (Oder)
[1] GermanWise: https://www.germanwise.com/news/german-court-rules-against-asylum-rejections-at-german-borders/[2] The Local: https://www.thelocal.de/20220628/german-refugees-who-applied-for-asylum-at-the-border-receiving-rejected-court-ruling[3] European Council: https://www.consilium.europa.eu/en/policy/european-agenda-on-migration/dublin-iii/[4] Chancellor Friedrich Merz Policies: https://www.spiegel.de/politik/deutschland/kanzler-merz-will-strengeren-asylgleichstellungsgesetz-verabschieden-a-d8cd2c97-4d10-4b4d-b56e-bf86bf5c9cff[5] European Union Law Analysis: https://eulawanalysis.blogspot.com/2022/06/german-court-rules-against-unhindered.html
- The Berlin Administrative Court has declared unlawful the rejections of asylum decisions without proper review, causing escalation in Germany's immigration policies.
- This legal ruling, which mainly affects three Somali individuals, challenges the federal government's reliance on the Dublin Regulation in rejecting asylum seekers, particularly in emergency situations or without demonstrating public safety or order risks.
