The court in Münster ruled that two asylum seekers should not be sent back to Italy, where they first applied for asylum. The men in the country could not meet their basic needs, so the judgment.
The Dublin procedure regulates that only one European country processes the asylum application of a refugee. Often this is the country in which she submitted the asylum application. If the person travels on and makes another asylum application, they will usually be deported. In the case of two asylum seekers in Germany, the Higher Administrative Court (OVG) of the state of North Rhine-Westphalia has now prohibited repatriation.
The court in Münster justified the decisions of July 20 in a statement on Thursday with concerns about the expected living conditions for the men from Somalia and Mali in Italy. There is a “serious risk” that asylum seekers will not be able to meet the “most elementary needs”, such as food or accommodation, for a long time.
The men had already applied for asylum in Italy
According to the court, both men had previously applied for asylum in Italy. The Somali is therefore entitled to protection in Italy and recognized as a refugee. The man from Mali only submitted an application for asylum in Italy. The German Federal Office for Migration and Refugees (Bamf) therefore refused to process further asylum applications for both and decided that the men had to be returned to Italy.
The men then defended themselves against the decision in court and were now right. There are no accommodations or apartments for the two plaintiffs in the European country. In view of the situation on the labor market, the two asylum seekers, who are already destitute, have no chance of a job, according to the court. “The plaintiffs’ asylum applications cannot be rejected as inadmissible,” the verdict stated, “because if they are returned to Italy they face a serious risk of inhuman and degrading treatment.”
Salvini had severely restricted the rights of asylum seekers
The Italian government overturned late last year, after which the housing and support rights for asylum seekers had been severely restricted. Nevertheless, according to the OVG, there are still regulations that deprive those entitled to protection and asylum seekers the right to accommodation. In addition, unlike sick people or families with underage children, the plaintiffs did not belong to particularly vulnerable groups. The Italian authorities only provide them with care and accommodation – and only “exceptionally”.
The OVG does not allow an appeal against the applications; the only way to appeal against this is through the Federal Administrative Court. In similar rulings, higher administrative courts had recently banned the return of asylum seekers to Greece. The reasoning was similar to the new rulings: the people affected risked slipping into material hardship and homelessness within a very short time due to the lack of support structures.
Those:
David William is a talented author who has made a name for himself in the world of writing. He is a professional author who writes on a wide range of topics, from general interest to opinion news. David is currently working as a writer at 24 hours worlds where he brings his unique perspective and in-depth research to his articles, making them both informative and engaging.
