Amended Asylum Procedures: Relatively Few Oppositions Registered for Rejections at the German Border - Stricter Border Policies: Rarely Criticized Over Refusals at the German Border
The current status of asylum rejections at the German border is under intense judicial scrutiny and political debate, with significant implications for the Federal Ministry of the Interior and the European Court of Justice (ECJ).
On 23rd June 2025, the Higher Social Court of Lower Saxony ruled that rejected asylum seekers under the Dublin Regulation cannot be fully deprived of state welfare benefits if deportation is delayed or impossible. This decision, which may require ECJ clarification, comes after an Afghan asylum seeker was cut off from financial support despite failed deportations and an extended deportation deadline.
Germany enacted the "Rückführungsverbesserungsgesetz" in February 2024, aimed at improving deportation procedures, expanding search powers, and enabling faster processing and removal of applicants considered to abuse the system. However, these reforms have sparked criticism from human rights groups about risks to procedural fairness, and there have been suspensions in decision-making on asylum applications from specific groups such as Syrians after the fall of the Assad regime.
In a significant development, in May 2023, three Somalis successfully sued against their rejection at the German border with the help of Pro Asyl. This victory has sparked further discussions about the constitutional and EU law questions surrounding asylum rejections.
The Greens have been vocal in their criticism of the Interior Ministry, with deputy faction leader Konstantin von Notz stating that the ministry's legal opinion is "erroneous." Von Notz has urged Interior Minister Dobrindt to refrain from rejections and deliver the long-overdue justifications for the measures. Pro-Asyl managing director Karl Kopp has also submitted an appeal to the EU Commission to initiate an infringement procedure against Germany.
The Berlin Administrative Court previously criticized the insufficient justification for the rejections at the German border, and Alexander Throm, the interior policy spokesman of the Union faction in the Bundestag, stated that it is self-evident that courts can be called upon in cases of rejections. Throm also mentioned that the fundamental question of European law can only be clarified by the ECJ.
The case of the Somalis may go further to the ECJ, depending on the affected persons, as mentioned by Pro-Asyl managing director Karl Kopp. The Sunday edition of "Stern" features criticism of the Interior Ministry by Konstantin von Notz, further highlighting the ongoing criticism of the ministry's rejection policies.
The Interior Ministry has promised improvements in response to the criticism from the Berlin Administrative Court, but the ministry will deliver these improvements only in court, as stated by a spokesperson. Currently, there are three other legal proceedings pending in connection with the rejection of asylum seekers at the German border.
In summary, the dynamic legal and political environment around asylum rejections in Germany continues to evolve, with the courts pushing back against blanket refusals of social benefits to rejected asylum seekers, emphasizing constitutional and EU standards. The ECJ may soon be asked to clarify key legal issues arising from these cases, notably concerning the Dublin Regulation and welfare rights for asylum seekers at the border.
- In light of the Higher Social Court of Lower Saxony's ruling and the ongoing legal proceedings at the Berlin Administrative Court, policy-and-legislation surrounding vocational training for rejected asylum seekers in EC countries could witness significant changes, given the judges' emphasis on constitutional and EU standards.
- The ongoing political debate between the Greens and the Interior Ministry, with the former criticizing the ministry's rejection policies and the latter promising improvements only in court, highlights the urgency for a comprehensive policy regarding vocational training for rejected asylum seekers in the context of politics and general news, especially as cases may soon be escalated to the European Court of Justice (ECJ) for clarification.
