Asylum seekers who have already been recognized as refugees in another EU country are not allowed to be granted asylum in Germany. Nevertheless, thousands have been filing asylum applications and then suing against deportation — mostly with success.
The number of asylum applications filed in Germany by refugees already recognized in other EU states has more than doubled, according to a newspaper report. In 2017, 8210 such applications were registered, compared with 2997 the year before, based on figures from the Federal Office for Migration and Refugees (BAMF) as reported by German newspaper, Welt am Sonntag.
According to the information, these applications did not lead to recognition because they were considered "inadmissible" and not even processed. Nevertheless, only a fraction of those entitled to protection, who traveled on to Germany, were deported back to the country responsible for them. However, the exact number of people who were returned could not be accurately determined. In 2017, the maximum number of returnees was 1428, based on responses by the federal government to left-wing party inquiries.
Sick and single parents are often allowed to stay
Although it is not possible for refugees in Germany who have already been given protection status elsewhere to apply again, they are able to file an appeal against their deportation. According to Christian Gau, the presiding judge at the Administrative Court in Berlin, there are now "a large number of decisions by the administrative courts which have prevented the deportation of persons entitled to protection back to Italy and other EU countries, especially in the case of sick persons or single parents."
He told the Welt am Sonntag that the decisions often take into account that "certain countries cannot ensure that refugees and beneficiaries of subsidiary protection will have access to shelter, food and sanitary facilities, at least in the first few weeks after their arrival."
From Gaus' point of view, it should "be a matter of course that persons entitled to protection, who are given protection status in other states and who are illegally present on German territory must be returned to their host country. This is because the prevention of so-called asylum shopping is one of the objectives of the Common European Asylum System. The reality, however, is somewhat different."
Author: gri/se (kna, dpa)
First published: April 7, 2018
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