Latest news with #Dobrindt
Euronews
an hour ago
- Politics
- Euronews
Berlin court rules rejection of asylum seekers at borders unlawful
The Berlin Administrative Court declared on Monday that the rejection of asylum seekers at German borders to be unlawful, dealing a major blow to Chancellor Friedrich Merz and Interior Minister Alexander Dobrindt's migration policy. The court ruled on the case of three Somali nationals who were deported at the border with Poland, stressing that Merz's government had violated asylum laws. The court says immigrants cannot be turned away without their asylum application being examined first. The Somali nationals, two men and one woman, were turned away at a train station after requesting asylum in the city of Frankfurt an der Oder in the east of the country after arriving from Poland on 9 May. The court delivered its decision, which is not open to appeal, after considering emergency appeals from the immigrants. Judges found the foreign nationals' rejection to be unlawful as they stated that at least one of the migrants had legitimate cause for asylum. They also added that the general policy of the new conservative government was lacking legal justification. Merz's government had announced in May its new hardline migration policy which seeks to severely crackdown on irregular migrants. The new initiative pledged to completely halt the asylum process, freezing applications and turning away asylum seekers at the borders. The court says the initiative is not in line with EU immigration policy – the Dublin system. Under the system, Berlin is obligated to thoroughly examine application and make a decision on a case-by-case basis. It also mandates each member country to conduct a full-scale investigation to determine which member state is responsible for assessing the asylum claim once it's been made. 'The decision of the administrative court today states that a Dublin check must be carried out. This means that the border crossing has to take place, and Germany has to check which member state is responsible for the asylum procedure,' says Dobrindt. 'In this decision, the court stated that the justification for our measures should have been more specific. This means that we are also complying with this demand and providing more detailed reasons.' Pushbacks at the borders were a campaign promise of the new Chancellor, Merz, and Interior Minister Dobrindt, although many critical voices said they were illegal. After the court decision, at least one MP called for Dobrindt to resign. But Dobrindt insists that pushbacks will continue, adding that he believes the government does have a legal framework to support their policy. 'Incidentally, we are sticking to the pushbacks. We see that the legal basis is there and will therefore continue to proceed in this way, regardless of this individual case decision,' said Dobrindt. The new conservative federal government had tried to legally justify turning asylum seekers away at the borders through a clause in the German Asylum Act, and an article in the Treaty on the Functioning of European Union. Article 72 allows member states to suspend EU law in case of threats to public order. The Berlin court rejected the premise of invoking Article 72 citing insufficient evidence of a threat to the country.
Japan Today
7 hours ago
- Politics
- Japan Today
German border police's expulsion of asylum seekers unlawful, court rules
By Kirsti Knolle Germany has acted unlawfully by turning away asylum seekers at the border, a Berlin court ruled on Monday, citing a case in which border police expelled three Somalis who tried to enter the country from Poland. The two men and a woman were sent back to Poland from a train station in the eastern city of Frankfurt an der Oder on Germany's eastern border on the grounds that they had sought to enter from a safe third country, a court statement said. The ruling could challenge the tougher migration stance by Chancellor Friedrich Merz's conservative-led coalition, which was elected in February promising a crackdown that has caused concern in neighboring countries. It is the first such case since Merz was elected, RBB media said, citing a court spokesperson. The court was not immediately available for further comment. Interior Minister Alexander Dobrindt defended the expulsions, saying he would provide the court with justifications for banning entry. "You can see how dysfunctional the whole asylum system is. The numbers are too high. We are sticking to our practice," he told reporters. The court called the rejection of the applicants "unlawful" in a statement, explaining that their asylum application should have been processed by Germany under the European Union's so-called Dublin rules that determine which country is responsible for processing an asylum application. "However, the applicants could not demand to enter the Federal Republic of Germany beyond the border crossing," it added, saying that the application could be processed at or near the border. Migration is among German voters' biggest concerns and a backlash against an influx of new arrivals has contributed to a rise in the popularity of the far-right Alternative for Germany party, which came second in a federal election in February. It is a profound shift since Germany's "Refugees Welcome" culture during Europe's migrant crisis in 2015 under Merz's conservative predecessor, Angela Merkel. Merz's government issued an order in May to reject undocumented migrants, including asylum seekers, at Germany's borders. GREENS' CRITICISM Monday's ruling was seized on by the Greens party, now in opposition, which said it vindicated their stance that Merz's migration crackdown was unworkable. "This is a severe defeat for the federal government and should serve as a warning to abide by the law in the future and not knowingly exceed its own powers for populist purposes," Greens lawmaker Irene Mihalic told the Rheinische Post newspaper. "The border blockades were a rejection of the European Dublin system and have offended our European neighbors." Dobrindt said last week he hoped the EU can reach a bloc-wide agreement allowing for failed asylum seekers who cannot go home to be sent to safe countries near their original homelands. Karl Kopp, managing director of pro-immigration advocacy group Pro Asyl, told the Rheinische Post that Dobrindt's "unlawful practice of national unilateral action in asylum policy" should end and that the three Somalis should to be allowed to re-enter Germany. The European Commission, the EU's executive body, proposed a scheme last month that would let member states reject asylum applications by migrants who passed through a "safe" third country on their way to the bloc. The proposals, criticized by rights groups, have yet to be adopted by national governments or the European Parliament. © Thomson Reuters 2025.
Yahoo
10 hours ago
- General
- Yahoo
Germany's migration crackdown in limbo as court backs asylum seekers
In a legal setback for the German government, a Berlin court ruled on Monday that rejecting asylum seekers at border checks within German territory - without first initiating proper asylum procedures - is unlawful. The urgent decision by the Berlin Administrative Court is a blow to Chancellor Friedrich Merz, who has pledged to crack down on migration. Shortly after taking office last month, Interior Minister Alexander Dobrindt ordered border checks to be stepped up and advised police to turn back irregular migrants, even if they applied for asylum. In the first case to emerge over the controversial move, the court ruled in favour of three Somalis who were turned back to Poland from the border town of Frankfurt an der Oder on May 9. After the group applied for asylum, authorities returned them to Poland the same day. According to the court, the Federal Police justified the swift return - referred to as refoulement - on the basis that the individuals had arrived from a "safe third country." However, the Somali nationals challenged the decision and were successful in summary proceedings before an administrative court. The ruling found that the immediate transfer back to Poland without an adequate examination of their asylum claims was unlawful. Court rejects 'national emergency' argument The ruling stated that the case should have been handled under the European Union's so-called Dublin procedure for asylum cases. Under the Dublin Regulation, police are not allowed to simply turn asylum seekers back at the border. Instead, German authorities must initiate a complicated procedure to transfer them back to the country where they first entered the EU. The court rejected the government's argument that the regulation could be suspended due to a "national emergency," suggesting there was not "sufficient evidence of a threat to public safety or order." It said the Dublin Regulation must be carried out in every case, although it also specified that the decision does not grant migrants entry permits to Germany, as carrying out the procedure should be possible at the point of crossing. Following the court decision, the interior minister maintained that the policy is consistent with efforts to reduce irregular migration and is legally justified, despite the court's findings. "We continue to hold our legal position," Dobrindt said on Monday evening in Berlin. According to Dobrindt, the three Somalis had previously attempted to enter Germany on May 2 and May 3 without applying for asylum. They only submitted an asylum application during their third attempt on May 9, he said. According to the court, the decisions are final. New migration crackdown policy Dobrindt recently reported that, in the week following the policy change, 739 people were turned away at the border - an increase of 45% from the previous week, when 511 were rejected. Among those stopped, 51 had expressed a wish to seek asylum; 32 were turned back. The remainder, including minors and pregnant women, were allowed entry on humanitarian grounds. Critics of the new policy feel vindicated by the court's decision and have accused the government of undermining EU law. Marcel Emmerich, domestic affairs spokesperson for the Green Party, said the decision exposed Dobrindt's policy as "a blatant breach of the law."
The Sun
3 days ago
- Politics
- The Sun
Germany hopes for EU deal on sending failed asylum seekers to third countries, minister says
GERMANY'S interior minister is hoping the European Union can reach a bloc-wide agreement on sending failed asylum seekers who cannot go home to safe countries near their original homelands. Chancellor Friedrich Merz's conservatives won February's national election on a promise to bring down immigration levels, which opinion polls showed many voters regarded as being out of control, although numbers have been falling for over a year. In an interview with the Welt am Sonntag newspaper published on Saturday, Interior Minister Alexander Dobrindt said the approach of using third countries could work only if there was a Europe-wide consensus. 'We need third countries that are prepared to take migrants who are objectively unable to return to their home countries,' he told the newspaper. Earlier this month, the EU's executive Commission proposed a scheme that would let member states reject asylum applications from migrants who passed through a 'safe' third country on their way to the bloc. The proposals, criticised by rights groups, have yet to be adopted by national governments or the European Parliament. 'No individual EU member state can create this model on its own: it will have to happen on an EU level,' Dobrindt said. 'We are preparing the foundations for that right now.' Dobrindt's initial promises to tighten border controls on taking office angered neighbours who protested at plans to return to their territory those migrants found not to have a right to enter Germany. An Italian plan to process asylum seekers picked up at sea in Albania has stalled amid Italian court challenges. A scheme by Britain, which is not an EU member, under its previous Conservative government to send asylum seekers who arrived in Britain without permission to Rwanda was scrapped by Prime Minister Keir Starmer when he took office last year.
The Sun
3 days ago
- Politics
- The Sun
Germany pushes EU deal on third-country asylum transfers
GERMANY'S interior minister is hoping the European Union can reach a bloc-wide agreement on sending failed asylum seekers who cannot go home to safe countries near their original homelands. Chancellor Friedrich Merz's conservatives won February's national election on a promise to bring down immigration levels, which opinion polls showed many voters regarded as being out of control, although numbers have been falling for over a year. In an interview with the Welt am Sonntag newspaper published on Saturday, Interior Minister Alexander Dobrindt said the approach of using third countries could work only if there was a Europe-wide consensus. 'We need third countries that are prepared to take migrants who are objectively unable to return to their home countries,' he told the newspaper. Earlier this month, the EU's executive Commission proposed a scheme that would let member states reject asylum applications from migrants who passed through a 'safe' third country on their way to the bloc. The proposals, criticised by rights groups, have yet to be adopted by national governments or the European Parliament. 'No individual EU member state can create this model on its own: it will have to happen on an EU level,' Dobrindt said. 'We are preparing the foundations for that right now.' Dobrindt's initial promises to tighten border controls on taking office angered neighbours who protested at plans to return to their territory those migrants found not to have a right to enter Germany. An Italian plan to process asylum seekers picked up at sea in Albania has stalled amid Italian court challenges. A scheme by Britain, which is not an EU member, under its previous Conservative government to send asylum seekers who arrived in Britain without permission to Rwanda was scrapped by Prime Minister Keir Starmer when he took office last year.
