No More Border Pushbacks: Refugee Council Slams Government Over "Disgraceful" Actions After Ruling
Government's Actions Criticized: Refugee Council Accuses Administration of Poor Treatment - Government Actions Condemned: Refugee Council Accuses Administration of Shameful Behavior
Here's the lowdown on the latest drama surrounding asylum seekers at Germany's border:
The Refugee Council of Brandenburg has taken a hard stance against the federal government's handling of asylum seekers pushback after a court ruling, denouncing it as a disgraceful disregard for both the law and human suffering. The organization is urging Brandenburg's interior minister, René Wilke (independent), to take action.
The Refugee Council accuses the federal government of overriding court decisions and binding European regulations, and declares, "This isn't just causing unimaginable hardship for people, but it's also the deliberate abandonment of the rule of law." Wilke should take decisive action to put an end to this practice, which violates European law.
A justice from the Berlin Administrative Court recently ruled that pushbacks of asylum seekers at border controls on German soil are unlawful. This verdict applied to a particular case involving three Somalis who were turned back from Frankfurt (Oder) to Poland.
In this scenario, the EU country responsible for processing applicants' asylum claims had not yet been determined, as the Berlin Administrative Court decided. After the ruling, Federal Interior Minister Alexander Dobrindt (CSU) declared that he would not alter the border policy and would seek a main proceeding.
Dobrindt had authorized enhanced border controls on May 7, including pushbacks, with allowances for certain vulnerable groups such as pregnant women and children.
- Refugee Council
- Wilke
- Court Ruling
- Asylum Seekers
- Brandenburg
- Alexander Dobrindt
- Frankfurt (Oder)
- Pushbacks
- Berlin Administrative Court
The Nitty-Gritty on the Court's Decision
- Legal Clash: The Berlin Administrative Court found that the federal government's policy of pushbacks violates European Union law, particularly the Dublin III Regulation. This regulation necessitates a case-by-case evaluation to ascertain which EU member state bears responsibility for processing an asylum claim.[1][3]
- Dublin Procedure Obligation: The court highlighted that applicants must not be expelled without undergoing the Dublin procedure, a process that determines the responsible state for their claim. This can take place at the border or in an area near it, but must occur prior to any return decision.[2][3]
- Exceptions and Vulnerable Groups: The government's policy allows exceptions for vulnerable groups like pregnant women and children. However, the court's ruling reveals that a blanket expulsion without evaluation is unlawful.[2]
- Government Response: In spite of the ruling, Dobrindt expressed that the government would not promptly modify its border policy, viewing the decision as pertaining to a unique case.[2]
Implications for Asylum Seekers
- Right to Apply: Asylum seekers are entitled to apply for asylum and must be allowed to do so without immediate expulsion.
- Legal Process: The expulsion must adhere to legal processes, including the Dublin procedure, to ensure compliance with EU law.
- Vulnerability Considerations: Special attention must be given to vulnerable groups, ensuring they are not subjected to unjust denial of entry.
In essence, the court ruling necessitates the German government to comply with EU law and conduct proper assessments before expelling asylum seekers, while the government persists in its hardline border control policy.
- The Refugee Council of Brandenburg strongly opposes the federal government's disregard for both the law and human suffering in their handling of asylum seekers, calling it a deliberate abandonment of the rule of law.
- Interior minister René Wilke (independent) of Brandenburg is urged to take decisive action against the federal government's policy of pushbacks at the border, as it contravenes European law according to a recent court ruling by the Berlin Administrative Court.
