Rejection
In aliens law, rejection is the rejection of a person at the border by the authorities who want to cross the border of a country from outside.
Basics
The principle of free border crossing within the states of the Council of Europe is enshrined in the European Convention on Human Rights (1950), but every state has the right to refuse entry under certain conditions. Reasons for rejection are lack of ID , contagious diseases , (economic) lack of funds , a national or supranational entry ban or if there is a reason for deportation . Legal remedies have no suspensive effect ( immediate execution ).
This also includes the legal principle that the request for entry must be made before the transfer. This may be implemented by applying for a visa . Asylum applications are to be seen as a special case because refugees typically do not have time to apply for a visa. For the European Union, the principle in the Dublin Convention (1990) or Dublin II (1997) is extended to the entire EU. An asylum application can only be rejected because another EU state is responsible for processing it. From a humanitarian point of view, this effect of the right of rejection as the legitimate interest of a state (or the EU) on refugee policy is viewed critically.
Rejection detention
In the opinion of the Federal Police of July 2018, detention for refoulement is possible if unauthorized persons cannot be refused direct at the border. Accordingly, the Federal Court of Justice (BGH) confirmed that "in the case of the temporary reintroduction of border controls at the internal borders, rejection and thus detention for rejection are permissible". According to a BGH decision of April 12, 2018, “contrary to the almost unanimous opinion in the literature”, no further grounds for detention need to be present. In addition, the most recent case law regards detention pending removal as a rule of law in these cases. The only requirement is that the ordered refusal of entry cannot be implemented immediately. Nevertheless, the Federal Government's “instructions on refusing entry” remain unaffected, according to which comprehensive refusals at the border will continue to be refrained from.
Legal opinion
According to a legal opinion by the constitutional law scholar Hans-Jürgen Papier , which he prepared in 2018 for the FDP parliamentary group of the German Bundestag, the rejection is not only legally possible, but also necessary in order to safeguard the main features of EU law. He denied that an asylum seeker could choose a country within the EU to apply for protection. Rather, the application may only be submitted and checked in the EU country that is entered first. In this regard, he referred to the principle that every application for protection is examined by “a” member state, and the aim of EU asylum law to prevent illegal onward travel.
Another legal opinion, which the constitutional law scholar Udo Di Fabio had prepared in 2016 on behalf of the Bavarian State Government, sees the federal government obliged for constitutional reasons to "resume effective controls of the federal borders if the common European border security and immigration system is temporarily or permanently disrupted".
Germany
The term rejection is used in the border authority's right to intervene . It includes the rejection of a foreigner at an international border by the federal police .
Every rejection at German borders is recorded in the central foreigner register and noted in the passport .
Depending on the case, the legal bases are § 18 , § 18a Asylum Act and § 15 Residence Act .
See also
Web links
- Infographics on deportations, rejections and deportations, Federal Agency for Civic Education / bpb
Individual evidence
- ^ Relationship between the Dublin Convention and the ECHR. Decision VwGH 2002/20/0582 of March 31, 2005
- ↑ Manuel Bewarder : Asylum dispute: Federal police consider detention at border to be permissible , WeltN24, July 30, 2018.
- ↑ Birgit Marschall, Gregor Maintz: Constitutional lawyer paper supports Seehofer in the asylum dispute . Rheinische Post, June 30, 2018, accessed on June 30, 2018
- ↑ Paper considers rejection at the German border to be imperative . Die Welt, June 30, 2018, accessed June 30, 2018
- ↑ Reinhard Müller: Di Fabio supplies Seehofer with more ammunition against Merkel . Frankfurter Allgemeine Zeitung, January 13, 2016, accessed on July 1, 2018
