The ineffectiveness of deportations isn't limited to Solingen; it's a recurring issue.
The Dublin Regulations dictate that the country accountable is where an asylum seeker submits their application, yet this often doesn't play out in reality. The tragic event in Solingen put Germany's deportation practices under the spotlight. It's not merely about sending those without residency eligibility back to their home countries. There are also extensive challenges in collaborating with European partner nations. The Dublin Regulations state that refugees should apply in the initial Schengen area country they enter, and that this country will then be responsible. However, it's becoming clear that this frequently doesn't work in practice - we're talking about thousands of instances. Chancellor Olaf Scholz has highlighted that this is now a consistent topic in his discussions with EU partners and Interior Minister Nancy Faeser.
The Numbers: Only a Small Percentage is Transfered to Other EU Countries
As per the Federal Ministry of the Interior, there were 74,622 instances last year where Germany sought to deport migrants to other European Union member states. Out of these, 22,462 were rejected by the respective EU countries. Conversely, EU states agreed to take back refugees and migrants in 55,728 instances. Nevertheless, there were only 5,053 transfers to other member states in total in 2023.
In 2022, there were 68,709 requests for return and 4,158 transfers. In the first half of 2024, the situation hasn't fundamentally shifted: in this period, there were 36,795 requests for Germany to take over from other EU member states, 12,808 of which were rejected, and 21,314 accepted. Only 3,043 individuals were transferred to other EU and Schengen member states.
Which Nationalities are Affected
In 2023, requests for take-over to other Schengen countries affected almost half of the Afghans (16,968) and Syrians (15,627). Following these are cases involving people from Turkey, Russia, Iran, Iraq, and the Maghreb states. German authorities submitted the most take-over requests to Croatia (16,704) and Italy (15,479). There were 7,732 take-over requests to Bulgaria.
According to the Federal Government, a timely transfer failed in 38,682 cases in 2023 - by far the most cases involved Afghans (8,965) and Syrians (8,120). In most cases, the impacted individuals then receive a temporary protective status and can remain for the time being.
Reason 1 for Failure: The Rules
According to the current Dublin III regulations, there's a six-month period within which a country must request the return of refugees to another European state - otherwise, the country where the refugee is located becomes responsible. This six-month period can only be extended to 18 months if the person is officially reported as missing.
Due to the large number of cases, lack of digitization of immigration authorities, and staff shortages, the six-month period is frequently surpassed in Germany, making Germany responsible. Over the years, this number has accumulated to hundreds of thousands of people.
Reason 2 for Failure: The Practice
The government's statistics cite lack of cooperation among European member states, problems within the immigration authorities themselves, individuals going into hiding, administrative court proceedings, and something called "church asylum" as reasons for the failure of deportations. In 1,334 instances, there was no flight connection. In 614 instances, the individuals involved chose to return to their home countries voluntarily.
However, the statistics conceal the fact that a significant portion of the responsibility lies with the German authorities. For instance, in the case of the suspected Solingen attacker, the process of deportation to Bulgaria was initiated but not consistently followed through. The new EU asylum package will eliminate the six-month deadline and significantly simplify the procedure for return.
There are also issues with the implementation of deportations, affecting not just those to other Schengen states. According to the interior ministry's statistics for the first half of 2024, 132 deportations (including 59 Dublin transfers) had to be abandoned due to resistance from the individuals involved. In 142 cases (including 29 Dublin cases), pilots refused to take the individuals on board. Medical reasons led to the cancellation of 36 deportations (including 16 Dublin cases).
Problem Cases: Italy, Greece, Bulgaria
Italy has been refusing to take back individuals under the Dublin procedure since December 2022, citing high numbers of migrants entering via the Mediterranean and insufficient capacity in reception facilities. Germany continues to make unsuccessful requests for return. However, Italy makes an exception for unaccompanied minors.
Greece has faced criticism for years over its treatment of refugees, including from the European Court of Human Rights. Germany resumed accepting returns in 2017 but insists on guarantees that the individuals will be housed in a manner that respects human rights. However, Greece only provides social assistance to those who have been legally resident in the country for several years, a policy it has not changed despite promises to do so.
In Germany, tens of thousands are affected. Returns are only successful in individual cases, often due to court rulings. For example, the Higher Administrative Court of Lower Saxony ruled on April 19, 2021, that even those recognized as entitled to protection in Greece cannot be returned there.
Refugee organizations in Bulgaria also report serious human rights issues, including attacks on migrants. This might explain why some individuals receive advice on how to avoid being returned.
As per federal records, around 14,885 individuals who had been expelled from another European nation and later re-entered Germany were present in Germany last year. Out of these, approximately 5,100 individuals faced potential deportation. The majority hailed from Russia, with Afghans and Iraqis trailing closely behind.
It's important to note that it's not just Germany pushing for the return of refugees to other Schengen countries. In 2023, there were 15,568 requests from various nations to Germany, hoping that they would take back individuals who had initially entered from Germany. France led the pack with 5,209 cases, followed by the Netherlands (2,762), Belgium (2,384), and Austria (1,067). However, German authorities didn't always concede to these requests. There was an agreement in 9,954 instances, and a total of 4,275 individuals were indeed sent back to Germany. Interestingly, Greece also put in 357 requests, leading to 167 individuals being returned to Germany.
Despite the Dublin Regulations requiring refugees to apply in the initial Schengen area country they enter, Greece has faced criticism for its treatment of refugees, leading Germany to insist on guarantees that returned individuals will be housed in a manner respecting human rights.
Furthermore, Italy has refused to take back individuals under the Dublin procedure since December 2022, citing high numbers of migrants entering via the Mediterranean and insufficient capacity in reception facilities. This situation in Greece and Italy highlights the challenges in implementing the Dublin Regulations effectively across Europe.
