Following a legal challenge, three Somali individuals who successfully entered Germany in early June are, according to experts, entitled to a standard asylum process. Karl Kopp, Managing Director of Pro Asyl, confirmed to the Redaktionsnetzwerk Deutschland that a decision from the Federal Office for Migration and Refugees (Bamf) supports this assessment. The agency has initiated asylum proceedings for the three individuals, a result of a legally sound process.
Kopp explained that the young Somali woman was not subject to the Dublin Regulation, which dictates that asylum claims should be processed in the EU country where the applicant first entered. He further elaborated that the two young men possess substantial reasons preventing their transfer to another country, a position reinforced by Poland and Lithuania’s explicit declarations of non-responsibility.
Pro Asyl expressed a lack of surprise at the outcome, emphasizing the applicants’ extended period of suffering, marked by experiences of violence during their flight, unlawful rejections at the German-Polish border and defamation originating from right-wing circles.
The Berlin Administrative Court previously ruled on June 2nd that a previous rejection at a border checkpoint in Frankfurt (Oder) was unlawful. The court stipulated that asylum seekers cannot be rejected without clarification of which EU member state is responsible for processing their claim.
The development potentially challenges a decision made earlier this year to reject asylum seekers at German external borders. This practice has already been deemed incompatible with European law by the Berlin Administrative Court. However, proponents of the policy maintain its continuation.
Both Bamf and the Federal Ministry of the Interior declined to comment on the ongoing legal proceedings or specific asylum cases when contacted for comment.
