The head of Germany’s Federal Administrative Court has publicly questioned the viability of the federal government’s tightened asylum policy following recent legal challenges.
Andreas Korbmacher, President of the court, indicated that further rulings in favor of asylum seekers could force a reassessment of the government’s approach to border rejections. Speaking to the Handelsblatt newspaper, Korbmacher suggested that Chancellor Scholz and Interior Minister Dobrindt may need to reconsider their current stance if the courts continue to rule against the policy of denying entry at the German border.
The comments come after a Berlin administrative court issued a preliminary injunction in early June, finding the practice of turning away asylum seekers on German territory to be unlawful. This ruling marked the first legal challenge to new regulations introduced by Interior Minister Alexander Dobrindt.
Korbmacher took issue with Dobrindt’s characterization of the initial ruling as applying only to the specific case of three Somali individuals and representing a preliminary assessment. He clarified that, as the court of first and final instance in expedited proceedings, the administrative court is constitutionally obligated to conduct a thorough review of the legal situation.
“The policy deliberately structured these proceedings to allow for swift, definitive rulings” Korbmacher explained. “Now, the Interior Ministry is facing the consequences”. He emphasized that, due to the lack of an appeals process, the administrative courts are duty-bound to rigorously examine the legality of the government’s actions. Korbmacher added that it is now incumbent upon the Minister to review the court’s decision and determine whether to maintain the existing policy in light of the legal findings.
