- In response to this, we can say that North Rhine-Westphalia (NRW) has intensified regulations regarding the reentry of individuals.
Following the lethal stabbing incident in Solingen, the North Rhine-Westphalia state administration is bolstering the responsibilities of local and national immigration authorities regarding the expulsion of declined asylum seekers. In the near future, every unsuccessful removal endeavor must be promptly assessed to discover if another opportunity is feasible. This is detailed in a new decree presented by NRW's Minister of Integration, Josefine Paul (Greens), within the Integration Committee of the Düsseldorf state parliament.
The intended deportation of the Syrian suspect to Bulgaria was unsuccessful due to his absence from his temporary lodging; no further attempts have been recorded up to now.
Mandatory reporting after a 3-day absence
The decree specifically orders the administrators of local housing facilities to report any absence longer than three days by those set for deportation to the Central Immigration Authorities (ZAB) right away. This reporting obligation applies even if the individuals return.
If absent for over three days, an order can be issued for their apprehension by the responsible ZAB, as per the decree. The ZAB must then judge whether the person under deportation warrant inclusion in the fugitive classification, thereby extending the regular 6-month transfer period.
If an individual ordered for apprehension returns, the facility supervisor must immediately notify the authorities. The procedural paperwork demands for the entire process are elevated.
Immigration authority has access to all rooms
The decree also clarifies that personnel from the ZAB have access to all rooms within the accommodation facility where those scheduled for deportation might be present. Entering the room of the affected person alone is not sufficient. Common rooms, the cafeteria, or the rooms of other lodged individuals may also be entered.
After an unsuccessful transfer attempt, the Central Flight Registration Office (ZFA) should be contacted to inquire if another seat has become available. "The ZFA will be instructed to promptly assess the remaining transfer period and arrange a new flight upon receiving any cancellation," the decree states.
Detention for transfer possible in case of flight risk
If the behavior of the concerned individual suggests they might evade a measure before a transfer - for instance, if they frequently disappear at night - it might be considered to petition for transfer detention.
In the attack, a man killed three people and injured eight others with a knife at a city festival in Solingen last week. The suspected perpetrator, 26-year-old Syrian Issa Al H., is currently in custody. He arrived in Germany via Bulgaria at the end of 2022 and should have been returned to Bulgaria under the Dublin asylum regulations. However, this did not occur due to the man's absence at the assigned time in the Paderborn state facility in June 2023.
The Syrian individual, Issa Al H., was allegedly absent from his temporary lodging during the scheduled deportation, resulting in the failure of his transfer to Bulgaria.
According to the new decree, if an individual absents themselves for more than three days, they may be subject to a warrant for their apprehension by the ZAB, potentially leading to extended detention if classified as a fugitive.
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