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German Cabinet approves stricter asylum measures
German Cabinet approves stricter asylum measures

Time of India

time21 hours ago

  • Politics
  • Time of India

German Cabinet approves stricter asylum measures

Representative Image (AI-generated) The German Cabinet on Wednesday approved several measures to tighten Germany's asylum laws, including a plan to make it easier to determine "safe countries of origin" and thus to deport rejected asylum-seekers. This comes after another policy put in place by interior minister Alexander Dobrindt — allowing police to send back asylum-seekers at the border without assessment of their cases according to the Dublin procedure — was deemed unlawful by the Administrative Court in Berlin. What did the Cabinet decide? Dobrindt, a conservative politician from the Bavarian Christian Social Union (CSU), would like to see the government made solely responsible in the future for deciding which countries should be categorized as "safe countries of origin." Under his plan, no approval from Germany's upper house of parliament, or Bundesrat, which represents the 16 federal states, would be required anymore to decide whether there is persecution in a country that would justify granting asylum to people from there. This would reduce the number of people eligible for asylum and make it easier to deport rejected asylum-seekers to their home countries if these were put in the "safe" category. The Cabinet also approved the abolition of a rule calling for people in pre-deportation custody to be automatically be assigned a lawyer by the state. This rule was adopted under the previous Social Democrat-led coalition government at the behest of the Green Party. Speaking to reporters in Berlin, Dobrindt said, "These are essential steps that are part of a whole raft of measures to bring about the asylum transformation." The reforms approved by the Cabinet, which are all contained in the government's coalition agreement, still need approval by the lower house of parliament, the Bundestag. Tougher migration policy faces legal challenges Chancellor Friedrich Merz, who leads the current German coalition government of his conservative CDU/CSU bloc with the centre-left Social Democrats (SPD), has vowed to crack down on irregular migration — a policy seen by many as a bid to reduce support for the far-right Alternative for Germany (AfD) party, which has been gaining in popularity. His efforts suffered a setback on Monday with the court ruling on border pushbacks but has vowed to continue with the policy "within the framework of existing European law." Criticism from legal experts, human rights groups: Further criticism has also come from legal experts and from human rights groups. The German Bar Association (DAV) argued on Wednesday that the proposed reform of rules governing the definition of "safe countries" would unnecessarily complicate asylum regulations. Christoph Tometten, the DVA's expert for migration law, said that because the planned reform applied to EU law and not the right to asylum enshrined in the German constitution, there would be "unnecessarily complex differentiations" that needed to be made by administrations and courts. This would mean that asylum proceedings could become longer rather than shorter, he said. He was referring to the fact that the German constitution requires the Bundesrat to be involved in categorizing "safe countries," while an EU guideline allows member states to define them by decree — a guideline the German government is taking to argue its case. German refugee advocacy group Pro Asyl called the actions of the government "undemocratic and constitutionally questionable." The organization's spokeswoman on legal policy, Wiebke Judith, said, "The determination of allegedly safe countries of origin and third countries makes it more difficult for endangered people to receive the protection they are really entitled to."

German Cabinet approves stricter asylum measures – DW – 06/04/2025
German Cabinet approves stricter asylum measures – DW – 06/04/2025

DW

time2 days ago

  • General
  • DW

German Cabinet approves stricter asylum measures – DW – 06/04/2025

The German government has proposed several new measures as it pushes on with plans to further curb irregular migration. This comes despite a legal setback this week when a court ruled pushbacks at the border unlawful. The German Cabinet on Wednesday approved several measures to tighten Germany's asylum laws, including a plan to make it easier to determine "safe countries of origin" and thus to deport rejected asylum-seekers. This comes after another policy put in place by Interior Minister Alexander Dobrindt — allowing police to send back asylum-seekers at the border without assessment of their cases according to the Dublin procedure — was deemed unlawful by the Administrative Court in Berlin. What did the Cabinet decide? Dobrindt, a conservative politician from the Bavarian Christian Social Union (CSU), would like to see the government made solely responsible in the future for deciding which countries should be categorized as "safe countries of origin." Under his plan, no approval from Germany's upper house of parliament, or Bundesrat, which represents the 16 federal states, would be required anymore to decide whether there is persecution in a country that would justify granting asylum to people from there. This would reduce the number of people eligible for asylum and make it easier to deport rejected asylum-seekers to their home countries if these were put in the "safe" category. The Cabinet also approved the abolition of a rule calling for people in pre-deportation custody to be automatically be assigned a lawyer by the state. This rule was adopted under the previous Social Democrat-led coalition government at the behest of the Green Party. Speaking to reporters in Berlin, Dobrindt said, "These are essential steps that are part of a whole raft of measures to bring about the asylum transformation." The reforms approved by the Cabinet, which are all contained in the government's coalition agreement, still need approval by the lower house of parliament, the Bundestag. Tougher migration policy faces legal challenges Chancellor Friedrich Merz, who leads the current German coalition government of his conservative CDU/CSU bloc with the center-left Social Democrats (SPD), has vowed to crack down on irregular migration — a policy seen by many as a bid to reduce support for the far-right Alternative for Germany (AfD) party, which has been gaining in popularity. His efforts suffered a setback on Monday with the court ruling on border pushbacks but has vowed to continue with the policy "within the framework of existing European law." Criticism from legal experts, human rights groups Further criticism has also come from legal experts and from human rights groups. The German Bar Association (DAV) argued on Wednesday that the proposed reform of rules governing the definition of "safe countries" would unnecessarily complicate asylum regulations. Christoph Tometten, the DVA's expert for migration law, said that because the planned reform applied to EU law and not the right to asylum enshrined in the German constitution, there would be "unnecessarily complex differentiations" that needed to be made by administrations and courts. This would mean that asylum proceedings could become longer rather than shorter, he said. He was referring to the fact that the German constitution requires the Bundesrat to be involved in categorizing "safe countries," while an EU guideline allows member states to define them by decree — a guideline the German government is taking to argue its case. German refugee advocacy group Pro Asyl called the actions of the government "undemocratic and constitutionally questionable." The organization's spokeswoman on legal policy, Wiebke Judith, said, "The determination of allegedly safe countries of origin and third countries makes it more difficult for endangered people to receive the protection they are really entitled to." Edited by: Wesley Rahn

Germany vows to migration crackdown at borders despite court setback
Germany vows to migration crackdown at borders despite court setback

Local Germany

time3 days ago

  • Politics
  • Local Germany

Germany vows to migration crackdown at borders despite court setback

The policy was brought in on May 7, just a day after conservative Chancellor Friedrich Merz and his cabinet took office with a promise to crack down on irregular migration. However, Berlin's Administrative Court ruled on Monday that people "who express the wish to seek asylum while at a border check on German territory may not be sent back" before it was determined which state was responsible for processing their claim under the EU's so-called "Dublin" system. Despite this, Interior Minister Alexander Dobrindt said hours after the judgement that "we will continue with the pushbacks", adding that "we think we have the legal justification for this". Monday's court decision follows an appeal made by three Somali nationals who encountered an immigration check at a train station at Frankfurt an der Oder on the Polish border on May 9. They expressed their wish to claim asylum in Germany but were sent back to Poland the same day. The court said that their pushback was illegal and that its "findings can also be applied to other cases" of people being turned away at Germany's borders. Advertisement However, the court also ruled that "the petitioners cannot demand to be allowed into" Germany. The process of establishing which EU state is responsible for the asylum application "can be carried out at or close to the border", the court said. The court rejected the government's argument that the Dublin procedure could be disregarded if this is necessary to "keep public order and protect domestic security". The government had failed "to demonstrate a danger to public security or order" that would justify such a move, the court said. Dobrindt insisted that Monday's judgement only had a direct impact in the "individual case" of the three Somali complainants. Advertisement He said he wanted the court to start another procedure in which the government could explain its case "more firmly". However, it is unclear whether this is legally possible given that the court said Monday's decision was final. Under the Dublin procedure, irregular migrants should be registered in the EU country they first enter. Should they head to another nation in the bloc, they can in most cases be returned to their first port of call in the EU. Irritated neighbours The new policy of pushing back undocumented migrants at Germany's borders, including almost all asylum seekers, was quickly introduced after Merz's government took office early last month. This was despite worries voiced by some in his coalition's junior partner, the centre-left Social Democrats (SPD), that the policy was not legally sound. The government has also stressed that the pushbacks were temporary and that the longer-term solution has to be improved security at the EU's external borders. According to the interior ministry, more than 2,800 people have been denied entry to Germany in the first two weeks of the new policy being applied, including 138 people who wanted to claim asylum. A crackdown on irregular migration was a key plank of Merz's platform for February's general election. That vote saw the far-right Alternative for Germany (AfD) score its best-ever result of just over 20 percent and Merz insists that action on migration is the only way to halt the party's growth. The new government's pushback policy has led to some irritation among Germany's neighbours as well as fears of adverse impacts on cross-border commuters and border communities. On Monday a foreign ministry source confirmed that the French embassy in Berlin had sent the German government a letter demanding clarity on Germany's migration policy. As well as the pushbacks, Merz's new government is planning to suspend family reunifications for two years for immigrants who have subsidiary protection status. It also wants to abolish a measure brought in under the previous government which enables people to apply for German citizenship after three years if they can prove they are exceptionally well-integrated into German society.

German govt defiant despite court ruling against migration crackdown
German govt defiant despite court ruling against migration crackdown

The Sun

time3 days ago

  • Politics
  • The Sun

German govt defiant despite court ruling against migration crackdown

BERLIN: The new German government on Monday said it would continue its flagship policy of turning asylum seekers away at its borders, despite a court ruling against the practice. The policy was brought in on May 7, just a day after conservative Chancellor Friedrich Merz and his cabinet took office with a promise to crack down on irregular migration. However, Berlin's Administrative Court ruled on Monday that people 'who express the wish to seek asylum while at a border check on German territory may not be sent back' before it was determined which state was responsible for processing their claim under the EU's so-called 'Dublin' system. Despite this, Interior Minister Alexander Dobrindt said hours after the judgement that 'we will continue with the pushbacks', adding that 'we think we have the legal justification for this'. Monday's court decision follows an appeal made by three Somali nationals who encountered an immigration check at a train station at Frankfurt an der Oder on the Polish border on May 9. They expressed their wish to claim asylum in Germany but were sent back to Poland the same day. The court said that their pushback was illegal and that its 'findings can also be applied to other cases' of people being turned away at Germany's borders. However, the court also ruled that 'the petitioners cannot demand to be allowed into' Germany. The process of establishing which EU state is responsible for the asylum application 'can be carried out at or close to the border', the court said. The court rejected the government's argument that the Dublin procedure could be disregarded if this is necessary to 'keep public order and protect domestic security'. The government had failed 'to demonstrate a danger to public security or order' that would justify such a move, the court said. Dobrindt insisted that Monday's judgement only had a direct impact in the 'individual case' of the three Somali complainants. He said he wanted the court to start another procedure in which the government could explain its case 'more firmly'. However, it is unclear whether this is legally possible given that the court said Monday's decision was final. Under the Dublin procedure, irregular migrants should be registered in the EU country they first enter. Should they head to another nation in the bloc, they can in most cases be returned to their first port of call in the EU. Irritated neighbours The new policy of pushing back undocumented migrants at Germany's borders, including almost all asylum seekers, was quickly introduced after Merz's government took office early last month. This was despite worries voiced by some in his coalition's junior partner, the centre-left Social Democrats (SPD), that the policy was not legally sound. The government has also stressed that the pushbacks were temporary and that the longer-term solution has to be improved security at the EU's external borders. According to the interior ministry, more than 2,800 people have been denied entry to Germany in the first two weeks of the new policy being applied, including 138 people who wanted to claim asylum. A crackdown on irregular migration was a key plank of Merz's platform for February's general election. That vote saw the far-right Alternative for Germany (AfD) score its best-ever result of just over 20 percent and Merz insists that action on migration is the only way to halt the party's growth. The new government's pushback policy has led to some irritation among Germany's neighbours as well as fears of adverse impacts on cross-border commuters and border communities. On Monday a foreign ministry source confirmed that the French embassy in Berlin had sent the German government a letter demanding clarity on Germany's migration policy. As well as the pushbacks, Merz's new government is planning to suspend family reunifications for two years for immigrants who have subsidiary protection status. It also wants to abolish a measure brought in under the previous government which enables people to apply for German citizenship after three years if they can prove they are exceptionally well-integrated into German society.

German court rules against migration crackdown
German court rules against migration crackdown

Express Tribune

time3 days ago

  • Politics
  • Express Tribune

German court rules against migration crackdown

Berlin The new German government's policy of turning asylum seekers away at its borders is illegal, a court ruled on Monday, dealing a blow to one of conservative Chancellor Friedrich Merz's flagship measures. The policy was brought in on May 7, just a day after Merz and his cabinet took office with a promise to crack down on irregular migration. However, Berlin's Administrative Court said in a statement that people "who express the wish to seek asylum while at a border check on German territory may not be sent back" before it was determined which state was responsible for processing their claim under the EU's so-called "Dublin" system. Monday's decision follows an appeal made by three Somali nationals who encountered an immigration check at a train station at Frankurt an der Oder on the Polish border on May 9. They expressed their wish to claim asylum but were sent back to Poland the same day. The court said that their pushback was illegal and that its "findings can also be applied to other cases" of people being turned away at Germany's borders. However, the court also ruled that "the petitioners cannot demand to be allowed into" Germany. The process of establishing which EU state is responsible for the asylum application "can be carried out at or close to the border", the court said. The court rejected the government's argument that the Dublin procedure could be disregarded if this is necessary to "keep public order and protect domestic security". The government had failed "to demonstrate a danger to public security or order" that would justify such a move, the court said. Under the Dublin procedure, irregular migrants should be registered in the EU country they first enter. Should they head to another nation in the bloc, they can in most cases be returned to their first port of call in the EU. The German government has limited options to challenge the decision, for example by appealing to the federal Constitutional Court. The new policy of pushing back undocumented migrants at Germany's borders, including almost all asylum seekers, was quickly introduced after Merz's government took office early last month. This was despite worries voiced by some in his coalition's junior partner, the centre-left Social Democrats (SPD), that the policy was not legally sound. The government has also stressed that the pushbacks were temporary and that the longer-term solution has to be improved security at the EU's external borders. According to the interior ministry, 1,676 people were denied entry to Germany in the first two weeks of the new policy being applied, including 32 people who wanted to claim asylum. A crackdown on irregular migration was a key plank of Merz's platform for February's general election. That vote saw the far-right Alternative for Germany (AfD) score its best-ever result of just over 20 percent and Merz insists that action on migration is the only way to halt the party's growth. The new government's pushback policy has led to some irritation among Germany's neighbours as well as fears of adverse impacts on cross-border commuters and border communities. AFP

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