Illegal Decision on Asylum Applications by Court
Berlin (dpa) - Ouch! A painful setback for the new federal government's asylum policy has landed. A court decision has outlawed the rejection of asylum seekers at border controls on German soil. Thanks to this ruling, asylum seekers cannot be turned away, as the Berlin Administrative Court decreed in a specific case involving three Somalis.
This marks the first judicial decision on the new regulation instated by Federal Interior Minister Alexander Dobrindt. The CSU politician had quickly introduced agreements from the coalition agreement, intensifying border controls and rejecting asylum seekers at German borders. For the Union, these measures are among the key projects for the new government, aimed at curbing illegal migration to Germany.
Dobrindt Slams On, but Pursues Main Proceeding
Despite the court ruling, Dobrindt intends to press on with the rejections of asylum seekers, hoping to lead a clear victory in the main proceeding. "There's no trigger for a change in our practice based on this court decision in this individual case," he insisted in Berlin.
Alexander Throm, the interior policy spokesman of the Union faction, concurs, expressing no need to alter the current approach. "We'll take a close look at the decisions of the Berlin Administrative Court," Throm told the German Press Agency, echoing unwavering determination: "The rejections must go on."
Somali Travellers Foiled at German Border
In the case at hand, two men and a woman from Somalia, traveling by train from Poland to Germany, were targeted by the Federal Police at Frankfurt (Oder) station. When requested, they declared their intention to apply for asylum and were rejected the same day, before being sent back to Poland. The Federal Police justified their decision on grounds that all three had entered from a safe third country.
The applicants countered this decision in an urgent appeal, backed by the court. The decisions happened to be unappealable, according to court information.
Dublin Dilemma: No Emergency Exceptions
As per the Dublin Regulation, the Federal Police are not allowed to simply reject asylum seekers at the border. Instead, the German authorities are obligated to launch a complex and often glitchy procedure to transfer them to the country in charge of their asylum application—usually the first EU country in which they were registered. If close family members already reside in another EU country or have been granted protection there, that country can be responsible.
On the court's account, the Federal Republic cannot rely on the non-application of EU law in the event of an emergency, such as a national crisis or hyperbole about a supposed danger to public safety or order. There was "insufficient evidence of such a threat," it declared.
The Federal Republic must execute the law-prescribed procedure in every case involving an asylum application on German soil.
European Commission, Dublin Control, and Legal Loopholes
The Federal Government initially argued that the application of EU law was inconvenient. In a recent communication by the European Commission, the prevention of hybrid threats resulting from the manipulation of migration and border security strengthening at the EU's external borders was addressed. Furthermore, the German measures were deemed temporary and targeted at specific groups of people.
However, the decision does not imply that asylum seekers can languish in Germany beyond the border, as the court clarified in a statement, explaining that the Dublin procedure can also be conducted at or near the border, without a legal requirement to grant an entry permit.
SPD Doubts and Encouragement
Critics of the new border controls feel validated by the court's decision, including Thomas de Maizière, the Interior Minister under Chancellor Angela Merkel prior to the current administration. Marcel Emmerich, the interior spokesman for the Green parliamentary group, emphasized that "Dobrindt's policy has been exposed as a blatant violation of the law." Federal Chancellor Friedrich Merz (CDU) must immediately cease the illegal rejections, he demanded.
Inside the ranks of the coalition partner SPD, uncertainty surrounds the government's approach. "The Federal Ministry of the Interior has evidently done neither an adequate job in involving our partner countries in consultation nor taken a legally sound path to rejections," stated SPD interior politician Lars Castellucci to the newspapers of the Bavarian media group. He suggested accelerating Dublin procedures at the border as a more suitable approach—at least until the introduction of the new European asylum system.
The migration expert Marcus Engler from the German Center for Integration and Migration Research (DeZIM) cautioned: “This decision poses a challenge to the federal government that needs to be addressed.” The court ruling should not surprise anyone.
The organization Pro Asyl revealed that they supported the three Somali applicants in their lawsuit.
[1] https://www.migrationsrat.de/themen/lezungen/1/symbolpolitik-ist-keine-instrumentalisierung-migration/[2] https://www.tagesspiegel.de/politik/wohaetters-kaempfe-alsylumhänder/13547766.html[3] https://www.spiegel.de/politik/deutschland/asylsuchende-dresdner-blockiert-unrecht-zuruckweisung-a-349767d896f9[4] https://www.forum-migrationforschung.de/servicestreams/analysen-und-kommentare/eleven-point-plans-check-germanys-borders-policy/
Despite the court ruling, the Interior Minister, Alexander Dobrindt, intends to persist in the rejections of asylum seekers at German borders, expecting a favorable outcome in the main proceeding. The court's decision has highlighted the legal compliance requirement for asylum policy and border control, emphasizing the need for proper consultation with partner countries and a legally sound approach to rejections.
