▷ Thousands of negative asylum decisions by administrative courts overturned


29.10.2021 – 01:00

New Osnabrück Newspaper

Osnabrück (ots)

Thousands of negative asylum decisions by administrative courts overturned

Afghans in particular are successful with lawsuits – left-wing parliamentary group criticizes political pressure on the Federal Office for Migration (Bamf)

Osnabrück. More and more refugees who complain against the rejection of their asylum application are successful in court. In the first half of 2021, 35.1 percent of all lawsuits before the administrative courts that were decided in terms of content ended in favor of the refugees – this is significantly more than in the previous year, when the rate was 31 percent. These figures come from the response of the Federal Ministry of the Interior to a request from the left-wing parliamentary group on asylum statistics, which is available to the “Neue Osnabrücker Zeitung” (NOZ). In these cases, plaintiffs were granted protection status that had previously been wrongly denied them by the Federal Office for Migration and Refugees (Bamf). Of the 29,025 Bamf notices checked, the courts declared 10,176 unlawful in the first half of the year.

One reason for the increase is in particular the decisions on refugees from Afghanistan, because the Bamf’s error rate was particularly high here. In corresponding court rulings, 75 percent of the plaintiff Afghans were right – significantly more than in 2020 with 60 percent. According to the left-wing faction, the reason for this is that the courts assess the security situation in Afghanistan far more critically than the Bamf, which Afghan refugees often reject with reference to supposedly “safe areas” in Afghanistan. The error rates for plaintiffs from Somalia (44.9 percent) and Iran (38.4 percent) were also high.

The left-wing faction complains about “inadmissible political pressure” on the Bamf. The refugee expert of the Left, Ulla Jelpke, who made the request, said: “The reference to supposedly safe areas in Afghanistan corresponded to political guidelines, but not to the real conditions on the ground.” This is particularly true after the Taliban came to power. The Bamf should therefore re-examine all defendant Afghanistan notices on its own initiative and grant the necessary protection – also to relieve the courts. Jelpke also sees this issue as a topic for the new government: “In Bamf, too, we urgently need a breath of fresh air and a review of established rejection patterns.”

According to the Interior Ministry, the average length of proceedings in the courts has increased further and was now 26.2 months in the first half of the year. Last year it was 24.3 months.

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Original content from: Neue Osnabrücker Zeitung, transmitted by news aktuell


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