The President of the Federal Administrative Court, Andreas Korbmacher, has criticized the more restrictive asylum policy of the German government, which involves turning back asylum seekers at the German border.
In an interview with the Handelsblatt, Korbmacher expressed concerns that if further court decisions in favor of asylum seekers are made, the Chancellor and the Interior Minister will likely need to reevaluate their stance on the issue, which they have thus far maintained.
Earlier in June, the Berlin Administrative Court had issued a preliminary ruling, declaring that the deportation of asylum seekers on German soil is unlawful. This was the first ruling on the new regulations introduced by Interior Minister Alexander Dobrindt of the Christian Social Union (CSU).
Korbmacher criticized Dobrindt for describing the court’s decision as an exceptional case, implying that the ruling was only applicable to the specific case of the three Somalis and that a cursory review had been conducted. “That is not quite correct” Korbmacher stated.
The Administrative Court, in its preliminary proceedings, is the first and final instance of jurisdiction. “This is how the politicians deliberately designed the system to enable swift and conclusive decisions in such cases” Korbmacher explained. “This now comes back to haunt the Federal Ministry of the Interior.”
Because of the lack of a legal remedy, the administrative courts are constitutionally obliged to thoroughly examine the legal situation. The Berlin judges did so and Korbmacher emphasized that a minister must read and review the decision and then decide whether to maintain their stance, if they choose to do so.