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The court agrees with Seehofer: The Federal Ministry of the Interior was allowed to ban Berlin from taking in refugees from Moria – Berlin

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The fact that the Federal Ministry of the Interior forbade the state of Berlin to take in in the summer of 2020 300 people from the Greek refugee camp Moria who were particularly worthy of protection in the summer of 2020 was correct. That was decided by the Federal Administrative Court in Leipzig on Tuesday.

The Berlin Senate announced in 2020 that it wanted to take in a total of 300 asylum seekers from the heavily overcrowded refugee camps on the capital’s Greek islands. This was justified by bleak humanitarian conditions, especially in Moria camp on Lesbos, which has since burned down.

At the end of July 2020, the then Federal Minister of the Interior, Horst Seehofer (CSU), officially prohibited the state of Berlin from taking in any more refugees. In a letter to Andreas Geisel (SPD), then Berlin Senator of the Interior, Seehofer said that he could not accept the state admissions program for legal reasons.

Specifically, the requirements for a state admission order are not met and national uniformity is not maintained. The admission by the state of Berlin is also not consistent with the measures taken by the federal government itself.

In November 2020, the Berlin Senate announced that it would take legal action against the Federal Ministry of the Interior as a result of this decision. The Federal Administrative Court, which is responsible for administrative disputes between the federal and state governments, has now dismissed this lawsuit. “The refusal of consent to the order was lawful,” the Federal Administrative Court said.

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The reason given was, among other things, that the admission order from Berlin would have resulted in a different legal status of people from the same Greek refugee camp in Germany. “Because the people admitted by the federal government only received a residence permit to carry out an open asylum procedure,” the court said.

“The humanitarian admission sought by the plaintiff, on the other hand, would have given rise to the immediate granting of longer-term residence permits, initially limited to three years, without previously verifying the need for protection with respect to the respective country of residence. ”. origin.”


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