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Numerous deportation attempts end unsuccessfully – Advocating for a comprehensive discussion featuring Mertin

The individual responsible for the Solingen incident ought not to have been residing in Germany. This circumstance has ignited a passionate discussion, including aspects of asylum legislation, which occasionally encounters challenges from the standpoint of the German Justice Minister.

Migrant removals might encounter challenges in implementation. A potential issue could arise when...
Migrant removals might encounter challenges in implementation. A potential issue could arise when there are no available flight or travel options leading back to the home nations of the impacted individuals.

- Numerous deportation attempts end unsuccessfully – Advocating for a comprehensive discussion featuring Mertin

Following the Solingen incident, Rhineland-Palatinate's Minister of Justice, Herbert Mertin, advocates for a truthful discussion and cautions against hasty propositions for supposed solutions in asylum or criminal law. Loud calls would not meet the state's duty of safeguarding citizens, Mertin told the German Press Agency in Mainz. "There's no magic solution, it requires tinkering with many elements."

Strictening knife regulations alone might not deter actions like those in Solingen. The justice ministers had previously commissioned a research to analytically analyze the knife crime scenario. The conclusions are anticipated to be acknowledged first, Mertin underlined.

Mertin: "It's bloody tough to deport someone"

Regarding the Syrian suspect for the Solingen case, whose removal to Bulgaria fell through in 2023, the minister opined that it wouldn't benefit if political tiers now started pointing fingers at each other. "It's bloody tough to deport someone." It's about dismantling obstacles - on a European level, yet perhaps also within the country.

In Solingen, North Rhineland-Westphalia, three individuals were slaughtered and eight hurt, four severely, at a town celebration last Friday evening. The suspected culprit is a 26-year-old Syrian who entered Germany via Bulgaria at the end of 2022. He was slated to be reincarnated to Bulgaria under the EU asylum guidelines but was not present at the designated date in June 2023.

The management of individuals without a prospect of residence has come into focus following the event. The Rhineland-Palatinate faction leader, Gordon Schnieder, requested for asylum seekers and refugees without a prospect of residence to not be distributed to municipalities by any means. Additionally, deportable criminals should be kept in indefinite detention. AfD faction leader Jan Bollinger demanded a "structural deportation offensive".

The Refugee Council of Rhineland-Palatinate was taken aback by the demands emerging at a large scale following incidents like Solingen, whose implementation would infringe upon existing legislation. Rejected asylum seekers are currently obliged to reside in initial reception facilities for up to 18 months, which has disastrous consequences for integration. Many of these individuals are actively trying to secure employment, German courses, and integration activities. All this can be regulated more effectively by the municipalities.

But how many deportations in Rhineland-Palatinate actually fail? According to the Integration Ministry, 381 failed during the first half of this year: 290 individuals were not found, resistance caused failure in 17 instances, and 74 individuals could not be deported for other reasons. This was opposed by 671 departures (2023: 1,178) from January to June, including 395 deportations/transfers and 276 voluntary departures.

As of July 31, 2024, 8,619 individuals were subject to deportation in Rhineland-Palatinate. Of these, 6,564 had a residence permit, which implies they cannot be deported for particular reasons - for example, due to lacking identification papers or ill health. A residence permit is always temporary.

The European regulation presents confined prospects.

The basis for transfers within the EU is the Dublin-III Regulation, which holds that asylum seekers should be relocated to the country where they first stepped on European soil. It is widely recognized across Germany that Dublin transfers are not executed in all instances, according to the Integration Ministry. Minister Katharina Binz (Greens) described the system as requiring reform in SWR. Transfers fail due to individuals refusing to board a plane, the ministry stated. Dublin transfers frequently occur with commercial flights.

In the event of refusal, a new transfer is planned if feasible. However, this is not simple in practice - it necessitates a new flight, escort, and handover in the other country. It's also an open secret that not all European nations cooperate in accordance with the Dublin rules, such as failing to answer a transfer request from Germany.

Justice Minister Mertin favors a thorough examination of the reasons for the failure of transfers. Why is a renewed attempt a few days later such a challenge? Why are there occasionally no seats available on flights? It should also be questioned whether an individual who is absent at an announced appointment for return is genuinely missing or actually absconded. "One can look into that." This could assist in increasing the deadline for transfer. The deadline is six months, but can be extended to up to 18 months under particular circumstances.

Looking forward to 2026

A review of the European Arrest Warrant could also prove beneficial, said Mertin. However, this can only be issued for criminal prosecution purposes. As a result, it must be examined to what extent the means available to the authorities for deportations and transfers are sufficient and practical.

Communities in Rhineland-Palatinate receive assistance from the Central Office for Return Questions, which is financed by the state, to resolve practical issues. In the future, this will also be achieved using a platform operated by Frontex for booking commercial flights. The Integration Ministry looks forward to a legal improvement when the Asylum and Migration Management Regulation succeeds the Dublin-III rules around mid-2026. Then, extending the deadline for transfers will be feasible in more instances, and detention will be facilitated for those who resist or evade the procedure.

The focus of discussions after the Solingen incident shift towards addressing the management of individuals without a residence prospect. Mertin emphasizes the need for a thorough examination of the reasons for the failure of transfers to ensure effective deportations and transfers in the future.

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