The federal government wants to examine the possibility of asylum procedures in third countries. In Great Britain, a similar model failed in court.
Frankfurt – Should asylum seekers be brought from Germany to third countries in the future and their asylum applications processed there? A proposal that is controversially discussed in German migration policy. NRW’s Prime Minister Hendrik Wüst recently positioned himself as a supporter of the so-called “Rwanda model”.
The name derives from the British government’s desire to outsource asylum procedures to Rwanda. prime minister Rishi Sunak However, he suffered a legal defeat during the week. Has the Rwanda model already failed in Germany? Representatives of government and opposition factions in the Bundestag responded to a request from FR.de from IPPEN.MEDIA took a stand.
Rwanda model for asylum procedures: Supreme Court overturns Prime Minister Sunak’s plans
On Wednesday, the British Supreme Court agreed with an appeal court’s ruling that the deportations of migrants from third countries to Rwanda are unlawful and violate international treaties – including the European Convention on Human Rights. The Supreme Court emphasized that there is a risk that asylum seekers in the East African country will not receive a fair procedure. The court cited, among other things, reports from the UN refugee agency UNHCR. Even if the British ruling has no immediate impact on German migration policy, it can still be seen as a pointer to similar models in other European countries.
As part of the federal-state summit on migration on November 6th, the Prime Ministers, together with Chancellor Olaf Scholz (SPD), agreed to examine “whether the determination of the protection status of refugees takes into account the Geneva Refugee Convention and the European Convention on Human Rights can also take place in transit or third countries in the future.”
Rwanda model also for Germany: Greens criticize – “loss of reality under international law”
Are these efforts with a view to the judgment in Great Britain now obsolete? “In my opinion, this means great clarity for the considerations in Germany. Anyone who wants to outsource asylum procedures in this way suffers from a loss of reality under international law,” said Julian Pahlke, the political spokesman for the Greensparliamentary group in the Bundestag, at the request of FR.de. “The ruling of the Supreme Court in London expressly establishes that the British Conservatives’ plan is incompatible with international law. I see it as a great danger that right-wing conservative migration policy can no longer manage without violating international law,” Pahlke continued.
The Green MP instead spoke out in favor of abolishing work bans in Germany and “serious efforts” to find a fair distribution solution in Europe. “The debate about pseudo-solutions ultimately doesn’t help any municipality,” said Pahlke, referring to the Rwanda model.
FDP and Greens disagree – “Asylum procedures in third countries are fundamentally possible”
However, the Greens’ coalition partner in the traffic light government comes to a completely different interpretation. The FDP parliamentary group also sees opportunities for Germany in the decision in Great Britain. “The verdict cannot be directly transferred to Germany. “But it shows that asylum procedures in third countries are fundamentally possible if high constitutional standards and principles are adhered to,” said the Parliamentary Managing Director of the FDP, Stephan Thomae FR.de. “We now have to build on that and continue to pursue this concept.”
“If it were possible for third countries to carry out fair asylum procedures in compliance with the Geneva Refugee Convention and the European Convention on Human Rights, that would be significant progress in limiting irregular migration,” Thomae continued. From the FDP politician’s point of view, such a regulation could also prevent people from taking “dangerous escape routes”.
Migration policy in Germany – international law experts on asylum procedures in third countries
The views of the two traffic light parties on the decision of the Supreme Court in Great Britain differ greatly. Even though there are still many unanswered questions regarding German migration policy, the two politicians’ assessments show the complexity of the project.
Matthias Hartwig, international law expert at the Heidelberg Max Planck Institute for International Law, wanted to be part of the conversation Merkur.de from IPPEN.MEDIA also “cannot rule out” that asylum procedures in third countries are generally possible. However, the federal government must “examine very carefully in individual cases where asylum procedures at European level” could take place.
Basic concept “remains correct” – the Union faction is waiting with a view to the Rwanda model
Prime Minister Wüst, like the FDP, saw the British ruling as an opportunity for German migration policy. “We can learn a lot from the British ruling for the German debate,” said the North Rhine-Westphalian CDU leader on Thursday (November 16). FAZ. The CDU/CSUparliamentary group in the Bundestag responded to a request from FR.de rather shy. “Our goal must be to prevent people from even making the life-threatening journey across the Mediterranean. The concept of asylum procedures in safe third countries therefore remains correct, the ruling of the Supreme Court in Great Britain does not change that,” said the parliamentary group’s domestic policy spokesman, Alexander Throm.
Throm emphasized that the verdict was for Germany and EU have no validity anyway. “The EU must decisively push forward the concept of asylum experiences in safe third countries. For us it goes without saying that the procedure in the third country must be fair and constitutional.”
Asylum procedures in third countries – Sunak insists on Rwanda model
The debate about asylum procedures in third countries is likely to be the order of the day in Germany for a longer period of time. The result of the test ordered by the federal and state governments could provide an initial indication of whether such a system has a chance of success in Germany.
British Prime Minister Sunak isn’t letting the verdict stop him either. The head of government announced on Wednesday that he wanted to initiate a new agreement with Rwanda and have the East African state declared a safe country by means of an emergency law. Sunak also announced that he would also want to ignore a possible new ruling by the European Court of Human Rights (ECHR). Even if the British decisions have no validity for the political decision-makers in Berlin, the government and opposition in the Bundestag should keep a close eye on developments in London. (fd)
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