A recently drafted law intended to reform the Common European Asylum System (CEAS) may inadvertently delay the deportation of rejected asylum seekers, according to an internal assessment from the Hessian Administrative Court (VGH) The assessment, reported on by “Focus” magazine, identifies potential procedural flaws within the proposed legislation
The VGH’s analysis suggests the law, as currently constructed, could increase the administrative burden on authorities and the judiciary, potentially undermining its stated aim of accelerating deportations
The process for deportation requires a deportation notice issued by the Foreigners’ Office following the rejection of an asylum application Rejected applicants then have the right to appeal this decision in court
According to the VGH, the issue stems from the draft law failing to fully incorporate recent rulings from European courts These rulings stipulate that the Foreigners’ Office must issue a new deportation notice once the legal proceedings have concluded This renewed notice then allows the asylum seeker another opportunity to pursue legal recourse, effectively extending the overall process
Furthermore, the court critiques the six-month deadline imposed on administrative courts for ruling on appeals against asylum decisions as “unrealistic” National averages currently show cases taking approximately 171 months to resolve The assessment also notes a lack of clarity regarding potential consequences for failing to meet this stipulated timeframe
The Federal Ministry of the Interior, responsible for the proposed legislation, has not yet issued a comment in response to the VGH’s assessment