Breaking Down the Border Battle: A Look at Germany's Asylum Policy
Illegal denial of asylum approvals by court ordered
Berlin (dpa) - Troubles loom for Germany's new asylum policy as a preliminary court ruling claims border rejections of migrants as unlawful. The Berlin Administrative Court decision voids the rejection of three Somalis seeking asylum in Germany, asserting that the Dublin procedure should be conducted prior to rejecting any asylum seeker.
In response, Interior Minister Alexander Dobrindt wants to maintain the rejections, confident that the law will be on their side during a main proceeding. His stance finds support from CDU politician Alexander Throm, who insists the existing approach must continue.
Somalis Challenged the Rejection at the Court
The three Somalis in question traveled from Poland to Germany by train. When they expressed their intention to seek asylum, they were turned back to Poland the same day without a proper examination of their claims, according to the Federal Police.
However, the applicants defended their assertions through an expedited court procedure, and the decisions are considered unappealable.
Dublin Procedure Obligatory
The Dublin Regulation prohibits German authorities from outright rejections at borders. Instead, they are required to initiate a lengthy and often ineffective procedure to transfer asylum seekers to the state responsible for their asylum application, typically the first EU country where they registered.
In this case, the Administrative Court considered that Germany could not assume the Dublin Regulation couldn't be applied due to an emergency situation, dismissing Dobrindt's claims of a "national emergency."
Border or Near-Border Procedures Possible
While the ruling may not permit asylum seekers automatic entry, the court confirmed that the Dublin procedure can be implemented near the border or even at border crossings.
Interestingly, Dobrindt's predecessor, Nancy Faeser, had been working on establishing two Dublin centers in Hamburg and Eisenhuettenstadt, Brandenburg, to speed up these procedures and facilitate returns within the six-month deadline stipulated in EU regulations.
Green and SPD Criticism
Critics like Marcel Emmerich, interior spokesman of the Green parliamentary group, have voiced their disapproval, characterizing the rejections as an "open breach of the law." Members of the SPD have also expressed doubts about Dobrindt's approach.
Despite these criticisms, Dobrindt announced a significant increase in border rejections between May 8 and June 1, with 2,850 people turned away. Among these, 179 submitted asylum applications, 138 of which were rejected, while 41 pertained to vulnerable groups.
Dublin Regulation at a Glance
- Procedure to transfer asylum seekers to the country responsible for their application, typically the first EU country of registration.
- Can consider close family members living in another EU country or asylum already granted there as the responsible country.
- German authorities must perform the prescribed procedure in all cases of asylum applications filed on German territory.
- Non-application of EU law deemed justified only under exceptional circumstances, which do not include "national emergencies."
(Additional information about hybrid threats and German measures strengthening EU external borders can be found in the European Commission's communication on this matter.)
[1] "Dublin III Regulation," Council of the European Union, accessed June 7, 2023.[2] "Dublin Regulation," European Commission, accessed June 7, 2023.[3] "Migration Law," German Federal Government, accessed June 7, 2023.[4] "Asylum Procedures," Federal Office for Migration and Refugees, accessed June 7, 2023.
- The Somali migrants, seeking asylum in Germany, challenged the rejection of their claims and successfully overturned the decision through a swift court procedure, highlighting the importance of the general-news story's topic: the legality of border rejections for asylum seekers as per Germany's migration policy.
- Amid the debate on Germany's asylum policy, CDU politician Alexander Throm supports Interior Minister Alexander Dobrindt's stance to maintain rejections of migrants, emphasizing the significance of politics in determining the nation's border policies, as outlined in the broader context of the Dublin Regulation and general-news about migration.
