Six legal challenges have been filed by asylum seekers against their rejection at the German border, according to a response from the Federal Ministry of the Interior to a request by “Stern” magazine.
In May, three Somali citizens successfully sued their rejection before the Berlin Administrative Court. A spokesperson for the Federal Ministry of the Interior has now confirmed that three further legal proceedings relating to the rejection of asylum applicants are currently underway.
The Berlin Administrative Court had previously criticized the initial rejections, citing insufficient justification. Following this, Federal Interior Minister Alexander Dobrindt (CSU) pledged improvements. However, the ministry intends to present these justifications within the context of the ongoing legal proceedings. A spokesperson stated that the rationale for invoking Article 72 of the Treaty on the Functioning of the European Union will be provided in the main hearing.
Alexander Throm, the interior policy spokesperson for the CDU/CSU parliamentary group in the Bundestag, told “Stern” that it is standard practice within the German legal system for courts to be consulted. He acknowledged this process was expected in instances of border rejections, emphasizing that the issue represents a fundamental question of European law, which ultimately necessitates clarification by the European Court of Justice.
Konstantin von Notz, parliamentary group deputy leader for the Green Party, voiced criticism, alleging the responsible government branch has yet to substantively address key questions. He described the current legal basis as “aberrant” and urged Interior Minister Dobrindt to reconsider the rejections and provide the promised and long overdue, explanations for the measures taken.