Unlawful Border Rejections: A Setback for Germany's Migration Policy
Unlawful Refusal of Asylum Granted by Court
Berlin — A initial blow to the new German government's immigration policy: The rejection of asylum seekers at border checks on German soil has been declared illegal by a court. Asylum seekers who submit their application within German territory cannot be denied entry, according to the Berlin Administrative Court's decision. Three Somalis, returned to Poland from Frankfurt (Oder) on May 9, were the subjects of this controversial case.
The court's decision is significant, marking the first judicial review of the new policy implemented by Federal Interior Minister Alexander Dobrindt since the government change. Dobrindt, a member of the CSU, aimed to enforce border controls and the rejection of asylum seekers as a major project to curb illegal immigration to Germany.
Dobrindt Clings to Current Practice
Despite the court's ruling, Dobrindt intends to persist with the rejection of asylum seekers. "There is no reason to alter our approach based on this specific court decision," he declared in Berlin. Dobrindt plans to uphold the case in a main proceeding, expressing confidence that he will prevail.
The Union's interior policy spokesman, Alexander Throm (CDU), shares Dobrindt's viewpoint, stating: "We will carefully analyze the decisions of the Berlin Administrative Court. However, the rejections must continue."
Federal Police Returned Somalis to Poland
The case revolves around two men and a woman from Somalia who were traveling by train from Poland to Germany. On May 9, they were stopped by the Federal Police at Frankfurt (Oder) station, where they submitted an asylum application that was swiftly denied, and they were returned to Poland the same day. The Federal Police cited entry from a safe third country as their justification for the rejection.
The applicants successfully contested the Federal Police's decision through an expedited procedure before the Administrative Court, making the decisions unappealable.
Dublin Procedure Preempts Border Rejections
The Dublin Regulation typically prevents the Federal Police from rejecting asylum seekers at the border. Instead, German authorities must initiate a complicated process to transfer them to the responsible EU country for their asylum claims, typically the first EU country where they were first registered. However, if close family members live in another EU country or have received protection there, that country can assume responsibility.
The court deemed that Germany cannot idealize the Dublin Regulation being inapplicable due to an emergency situation, such as a national state of exception. As the court commented, "insufficient evidence of a risk to public safety or order" was presented.
European Law Trumps National Exception
The Federal Republic is obligated to adhere to the prescribed procedure in all cases where an asylum application is submitted on German territory. Although the Federal Government argued that the non-application of EU law was justified, this claim was contradicted by the European Commission in a recent communication addressing counter-hybrid threats and strengthening security at the EU's external borders. Germany's measures were also deemed temporary and targeted towards specific groups of people.
Border Procedures Possible
The court's decision does not grant automatic entitlement to asylum seekers once they cross the border. Instead, the Dublin procedure may be carried out at the border or border area without permitting entry. As the court noted, "the Dublin procedure does not require an entrance permit."
Over the past weeks, former Interior Minister Nancy Faeser (SPD) made efforts to establish two so-called Dublin centers in Hamburg and Eisenhuettenstadt, Brandenburg, to speed up the procedures. However, time-bound returns under the Dublin III Regulation are only possible within the first six months after entry, and past attempts frequently failed due to the deadline.
Opposition Hails Decision as Legal Vindication
Opponents of the new border controls reacted positively to the court's decision. "The court's ruling exposes Dobrindt's symbolic policy for what it truly is: a blatant disregard of the law," said the Green Party's interior spokesman, Marcel Emmerich.
Further doubts regarding Dobrindt's approach were raised within the ranks of the SPD by Lars Castellucci, the SPD's interior politician, who advocated for border-adjacent, accelerated Dublin procedures. "Such measures seems more suitable at least until the implementation of the new European asylum system," stated Castellucci.
Marcus Engler from the German Center for Integration and Migration Research (Dezim) cautioned: "This ruling must be heeded by the federal government." However, the court's decision is unlikely to surprise those knowledgeable regarding EU immigration policies.
The organization Pro Asyl announced its support for the three Somali applicants in their lawsuit.
Dobrindt Presses Forward with Rejections
Between May 8 and June 1, Dobrindt reported that 2,850 people were rejected at the German borders. In 179 cases, an asylum application was filed. In 138 of these cases, a rejection was given, with 41 involving vulnerable groups.
More on Hamm:
- Hamm Bathing Accident: AI Surveillance Investigates Drowning Incident
- ASV Hamm-Westfalen Faces Relegation Battle
- Hamm Manual Therapy Clinic on Alleviating Pain
Stay updated on Hamm's latest news here.
- The Berlin Administrative Court's decision marks a major shift in German politics, as it has ruled that the rejection of asylum seekers at border checks on German soil is illegal, according to the court.
- Despite the court's ruling, Federal Interior Minister Alexander Dobrindt intends to persist with the rejection of asylum seekers, declaring that he will uphold the case in a main proceeding, expressing confidence that he will prevail.
