Asylum rejections: Head of the Federal Administrative Court doubts detention

Berlin. The President of the Federal Administrative Court has doubts about whether the German government can maintain its long-term course regarding the rejection of migrants at the borders. Should further court rulings in favor of asylum seekers be made, "the Chancellor and Interior Minister will certainly have to consider to what extent they can continue to maintain the position they have held so far," Andreas Korbmacher told the Handelsblatt newspaper.

At the beginning of June, the Berlin Administrative Court ruled in an emergency decision that the rejection of three Somalis during a border check at Frankfurt (Oder) train station was unlawful. It stated that the rejection should not be allowed without clarification as to which EU state was responsible for the asylum applications of the persons concerned.

A Federal Police officer monitors entry at the German-Polish border crossing at Stadtbrücke.

Source: Patrick Pleul/dpa

Federal Interior Minister Alexander Dobrindt (CSU) said after the decision: "This is a judgment based on an individual case." Korbmacher interpreted this to mean that Dobrindt wanted to express that this decision was only relevant to the case of the three Somalis and that only a preliminary examination had taken place. "That's not entirely correct," said the court president.

The administrative court has jurisdiction in expedited proceedings as both the first and final instance. "Policymakers deliberately arranged this in order to achieve quick, final decisions in such proceedings," explained Korbmacher. "This is now coming back to haunt the Federal Ministry of the Interior."

Because of the lack of legal recourse, the administrative courts are constitutionally obligated to thoroughly review the legal situation. The Berlin judges have done so. "A minister must read this and consider whether he or she will nevertheless adhere to his or her opinion," Korbmacher said.

RND/dpa