Following a legal challenge, three Somali individuals who successfully entered Germany in early June are now entitled to a standard asylum process, according to experts. Karl Kopp, Managing Director of the refugee advocacy organization Pro Asyl, confirmed to the Redaktionsnetzwerk Deutschland that the Federal Office for Migration and Refugees (BAMF) has issued a corresponding decision. He stated that a fair hearing and decision were conducted, resulting in the continuation of their asylum procedures within Germany – a result of a legally sound process.
Kopp explained that the young Somali female applicant would not have been subject to the Dublin Regulation, which dictates asylum procedures should take place in the EU country where the applicant first entered. Furthermore, he indicated that the two young men possess substantial reasons preventing their transfer to another country, compounded by Poland and Lithuania’s explicit declarations of non-responsibility.
Pro Asyl expressed that this outcome was not unexpected, noting the asylum seekers have endured a protracted period of suffering, marked by experiences of violence during their flight, unlawful rejections at the German-Polish border and defamation from extremist groups.
The Berlin Administrative Court ruled on June 2nd that a previous rejection during a border control in Frankfurt (Oder) was unlawful. The court determined that asylum seekers cannot be rejected without clarification regarding which EU member state is responsible for their case.
This development potentially casts doubt on a previous decision by a German official to reject asylum seekers at German external borders, a practice already deemed incompatible with European law by the Berlin Administrative Court. Despite this legal assessment, the official reportedly maintains adherence to the established practice.
Both the BAMF and the Federal Ministry of the Interior declined to comment on the matter, citing a policy of not addressing ongoing legal proceedings or specific asylum cases.