Interior Minister Poseck Insists on Border Rejections Amidst Ongoing Legal Dispute
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Minister Poseck maintains denial of asylum to seekers - Minister Poseck is withholding access to asylum for immigrants
Hesse's Interior Minister, Roman Poseck, remains firm in his stance to reject asylum seekers at the border, defying the Berlin Administrative Court's ruling that he considers a single, limited judgement. "In my view, it's correct to keep up this path of rejections," Poseck told the German Press Agency in Wiesbaden. "Minister Dobrindt has already taken the right steps for the migration shift in his first weeks in office."
Poseck, formerly the highest judge in Hesse, voiced that the interim decision of the Berlin Administrative Court on Monday should not be overemphasized. He clarified that it is a preliminary decision confined to the specific case, and the ultimate jurisprudence lies with higher courts. Rejections remain controversial.
Poseck: Dublin Procedure Flawed
Prominent legal experts find the rejections legally plausible, according to Poseck. In his opinion, it can be argued from the "failure" of the so-called Dublin procedure, which dictates the return of arriving asylum seekers to their EU country of arrival, that national law should be applied. "This is explicitly stated in both the German Constitution and the Asylum Act: Those coming from safe third countries typically have no claim to have their asylum process processed in Germany," Poseck added. Border controls, once deemed in violation of European law, are now generally accepted, even by the EU Commission.
Court: Dublin Procedures at the Border Possible
The Administrative Court of Berlin's finding that Dublin procedures can be implemented directly at the border might need further examination, Poseck opined. This issue will also be discussed at the Interior Ministers' Conference next week in Bremerhaven. However, the solution may prove ineffective due to insufficient cooperation from other EU nations in Dublin procedures, necessitating continued rejections in the interim.
"Migration policy also involves sending signals. With his consistent line, Dobrindt sends the right signal to the world that refugees should not target Germany unless they are persecuted," Poseck insisted.
Minister: Hesse Steps Up Deportations
Hesse, a German state with no external borders, will persist in its tough stance on asylum policy, as stated by Poseck. "At present, we're significantly increasing the number of deportations," he said. From January to April 2025, 728 migrants have already been deported - compared to 519 in the same period of the previous year.
Dobrindt ordered border control intensification on May 7, directing that asylum seekers should be rejected at the border, with exceptions for certain vulnerable groups, such as children and pregnant women. The Berlin Administrative Court ruled that the rejection of three Somalis at the German-Polish border was unlawful because no EU member state had been identified as responsible for their asylum applications. The three Somalis were subsequently sent back to Poland.
- Roman Poseck
- Rejection
- Asylum seekers
- Hesse
- Migration policy
- Administrative Court
- Berlin
- Germany
- Alexander Dobrindt
- EU
- Border control
- CDU
- German Press Agency
- CSU
According to recent court rulings in Germany, the rejection of asylum seekers at the border lacks legal justification. The Berlin Administrative Court declared such rejections unlawful due to their violation of EU law, specifically the Dublin Regulation, which requires an assessment of each asylum claim individually. This stance has been upheld by higher courts. Despite these legal rulings, some German officials have attempted to justify rejections through legal loopholes, to no avail.
- Roman Poseck, the Hesse Interior Minister, disagrees with the Berlin Administrative Court's ruling on the legality of rejections of asylum seekers at the border, viewing it as a single, limited judgment that should not be overemphasized.
- Poseck argues that rejections can be legally justified through the "failure" of the Dublin procedure and the application of national law, as stated in both the German Constitution and the Asylum Act. He also highlights the need for sending strong political signals regarding refugee policies in Germany.
