efms Migration Report
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Federal Constitutional Court critical of asylum law
The president of the Federal Constitutional Court, Ms. Limbach, sharply criticizes the German asylum law which was amended in 1993. Speaking from a constitutional point of view, she states that both the safe third coutry regulation and deportation imprisonment must be reformed. Since the changes of 1993 the Federal Constitutional court has been overburdened with the urgent petitions of rejected asylum seekers. The court is often obliged to prevent deportation at the last minute. A decision on the constitutionality
of the asylum law is expected by the middle of the year.
SZ 20.2.95 // FR 21.2.95 // Zeit 24.2.95
Protests against deportation practices
A group of pilots and policemen refused to carry out the deportation of aliens against their will. The Central Committee of German Catholics has declared deportation imprisonment to be inhumane and inconsistent with the principles of a constitutional state.
FR 16.2.95 // SZ 3.3.95
Deportation of Kurdish refugees
The deportation of Kurds to Turkey has become more controversial in view of recent reports made by human rights organizations, although the CDU/CSU continues to take a tough stand on deportation. Criticism mounted in the wake of the spectacular "Simsek Case" concerning an delinquent Kurd whom the Bavarian authorities insist on deporting although he faces persecution in Turkey.
Spiegel 30.1.95 // SZ 1.2.95
Ban on deportation of Kurds extended for an additional month
On February 23, 1995 the Federal Ministry of the Interior officially extended the ban on the deportation of Kurdish refugees until mid March. The Minister of the Interior accepts this compromise because deportation to Turkey remains a contentious issue in view of the human rights situation there. A planned hearing about the situation in Turkey before a committee in the Bundestag is not expected to take place until April 26. There is disagreement about a Foreign Office report which is said to
over the situation faced by returning Kurds and does not, in any case, tally with reports made by human rights organizations.
FAZ 9.2.95 // FAZ 24.2.95 // SZ 25.2.95
Dispute on deportation of alien delinquents
In Bavaria and Hessen the CDU/CSU and the SPD are at loggerheads about how to deal with aliens who have been found guilty of violating the law. The Minister of Justice, Ms. Hohmann-Dennhard, considers it unacceptable to expel foreigners for whom Germany is the center of their existence. The problems of immigrants must be dealt with in Germany. The CDU/CSU holds the Office for the Recognition of Foreign Refugees (BAFI) accountable for the large number of criminals among those who have received
asylum in Germany since in their eyes the approval of their petitions for asylum is often unwarrented.
dpa 1.2.95 // Focus 6.2.95
Police and the Federal Borders Protection Control ooperate in pursuing alien smugglers
The number of illegal entries declined after the modification of the asylum law and the subsequently more stringent border controls. However, the methods of international immigrant smuggling have become more criminal. Those wishing to enter Germany pay high sums of money to the smugglers or have to perform "slavework" to pay off their debts. The police in Berlin, which is a center of immigrant trade, intend to fight the crimes in cooperation with the Federal Border
FAZ 9.2.95 // epd 8.2.95
Increase in illegal immigration over German western border
As a result of increased surveillance of the eastern borders, the number of illegal entries across the western border has risen. The travel routes lead mainly over Italy to France. The government is going to increase the number of BGS officers and intensify controls at the borders to France, Luxemburg , Belgium and the Netherlands. What was considered a too hasty implementation of the Schengen Convention has aroused misgivings. Kanther, the Minister of the Interior, is committed to combatting
immigrant smugglers throughout Europe.
Welt 14.2.95 // NN 9.2.95 // Reuter 8.2.95 // dpa 8.2.95
Negotiations between Bonn and Hanoi interrupted
German-Vietnamese negotiations about the repatriation of around 40,000 Vietnamese have come to a standstill because the parties are unable to agree on the amount of development assistance payments. The refugee organization, Pro Asyl considers the forced repatriation to be inadmissable because those returned may be punished according to Vietnamese law for fleeing the republic.
FR 17.2.95 // FR 21.2.95
Ban on two Neonazi groups
The Ministry of the Interior bans the radical right groups Free German Workers Party (FAP) and the National List (NL) on February 24, 1995. This prohibition was made possible by a decision handed down by the Federal Constitional Court.
Investigation of "bogus marriages"
The prosecutor"s office of Dresden is conducting several investigations of binational marriages of Germans to foreigners. These couples are suspected of marrying only to obtain a residence permit for the foreign partner. Such bogus marriages are violations of the Alien Law and may be prosecuted.
In February the number of asylum seekers dipped under 10,000 for the first time since July 1994. 9,212 refugees were registered, which is 2,927 less than in January 1995. This is a reduction of 24,1% The main countries of origin were Turkey (2,189 refugees), rump Yugoslavia (1,739), Afghanistan (594). The BAFl evaluated over 20,946 petitions. The quota of recognition was 8,7% (1,831 approvals). Of the petitions made, 61,5% were rejected.
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