The core concern centers on increased administrative and judicial burdens While the amendment aims to expedite deportations, the VGH assessment suggests the new regulations could have the opposite effect
Currently, a deportation order requires a prior deportation notice issued by the Foreigners’ Authority following a rejected asylum claim This notice is typically subject to legal challenge by the applicant
The VGH argues the draft legislation fails to adequately incorporate recent rulings from the European Court of Justice Based on existing jurisprudence, the Foreigners’ Authority is required to issue a new deportation notice upon completion of all legal proceedings This would allow rejected applicants to launch further legal challenges, prolonging the overall process
Furthermore, the court critiques the six-month deadline imposed on administrative courts for ruling on appeals against asylum decisions as “unrealistic” The average processing time across Germany is currently 171 months The consequences of failing to meet this deadline remain unclear
The Federal Ministry of the Interior, responsible for the legislation, has not yet commented on the VGH’s assessment
