Slamming the Border Slammer: Legal Tussle over Refusing Asylum Seekers
Unlawful Denial of Asylum Uphheld by Court
German authorities collide with the law, as the rejection of asylum seekers at border controls proves questionable, according to a recent court ruling by the Berlin Administrative Court. It was decided that Asylum applicants cannot be sent back without undergoing the Dublin procedure, a regulatory process to assign responsibility for their case[1].
Three individuals from Somalia faced this issue when they were turned away from Frankfurt (Oder) to Poland, accompanied by Federal Police, following attempts to enter Germany by train[2].
Despite this legal setback, CSU politician Alexander Dobrindt, the Federal Interior Minister, has announced his intention to continue with the rejections, promising to initiate a main proceeding to defend the government's stance[1][2].
Border Denials Continue – But At What Cost?
However, theBorder patrol practices – now under fire – have been the cornerstone of the new government's approach to limit irregular migration to Germany[1]. These measures, seen as crucial by the Union, are intended to secure the country's border amidst rising immigration numbers[1].
The Dublin Regulation, a crucial factor in this unfolding drama, mandates that the German authorities must initiate a complex process to transfer asylum seekers to the state responsible for their asylum proceedings, usually the first EU country in which they register[3].
Remarkably, even in emergency situations, the Federal Republic cannot bypass the Dublin Regulation, as the Berlin Administrative Court asserted[3].
Galloping towards the Grey Area
Still, the Government's argument that the non-application of EU law was justified has garnered support from the European Commission in a recent communication addressing hybrid threats and border security[1]. However, given the Berlin Administrative Court's ruling, the grey area remains, casting doubts on the legality of continued border rejections[1].
Grace before the Border?
Surprisingly, the court's decision does not equate to guaranteed asylum for all who cross the border, as the ruling allows for the Dublin procedure to be carried out even at the border or in the border area, without permitting automatic passage for asylum seekers[3].
To expedite the Dublin check process, Nancy Faeser, Dobrindt's predecessor, had established two so-called Dublin centers in Hamburg and Eisenhuettenstadt, Brandenburg in the last days of her term[4].
Victory for Critics?
Rapturous cheers for the court's decision have been heard from critics of border control measures, who denounce the rejections as an open breach of the law[4]. The Greens call on Friedrich Merz, Federal Chancellor (CDU), to put an immediate stop to these illegal rejections[4].
Cautious skepticism from within the coalition partner SPD has also emerged, with SPD interior politician Lars Castellucci criticizing the Ministry of the Interior's approach to both consultation with partner countries and the chosen legal path for rejections[4].
Taking Notes and Staying Vigilant
Marcus Engler from the German Center for Integration and Migration Research (DeZIM) counsels caution, stating that the court's decision is unlikely to shake the government to the core, and Pro Asyl has voiced support for the Somalian applicants involved in the lawsuit[4].
As the drama unfolds, it's essential to stay informed and navigate the grey area separating unyielding border control and legal compliance with caution.
- The issue of border rejections for asylum seekers, a core policy of the new German government, has faced a legal challenge after a recent court ruling by the Berlin Administrative Court, suggesting that the Dublin procedure must be followed before sending asylum applicants back.
- The ongoing confrontation between the German authorities and the law, stemming from the border rejections, has sparked debates in policy-and-legislation circles, with critics calling for a change in the government's stance and advocating for adherence to the Dublin Regulation.
