Difficult for criminals, refugees may not be deported after a ruling by the European court of justice under the circumstances.
The withdrawal or refusal of the right to asylum under EU law does not interfere with the right to protection by the Geneva Convention and the EU Charter of fundamental rights, stated the highest EU judges in Luxembourg (cases C-391/16, C 77/17, C-adherence to law 78/17). The Federal government sees itself confirmed by the judgment. From Italy a very different reaction came.
Background the claims of three asylum seekers, Belgium and the Czech Republic disabled the recognition of users are after having been convicted of a particularly serious crime. The ECJ should clarify whether the withdrawal of this refugee status according to EU rules with the Geneva Convention and the fundamental rights of the EU is compatible.
According to the judge, he is. They point first to the fact that third-country nationals who have a well-founded fear of persecution in their country of origin, as refugees are to be classified in accordance with the Geneva Convention. This is true regardless of whether this Status had been formally under EU law awarded.
in addition, people under the EU Charter of fundamental rights should not be deported to a country in which torture or inhuman and degrading penalties. The conduct of the individual Concerned – including criminal – games. Here, the protection by the EU rules which rely on the Charter of fundamental rights, the refugee Convention.
The judge did not emphasize, however, that a Person whose asylum application is not granted or whose application for asylum is to be deprived of status, in the EU the same rights as a formally recognised asylum seekers.
The Federal government sees its attitude by the judgment on Tuesday confirmed. The ECJ have not only brought to the expression, that in those cases where in the home country of torture, the threat of a deportation ban, said state Secretary Stephan Mayer (CSU), the channel n-tv. The judges have made it clear, moreover, that “protective search or also recognized Protection the protection status will be denied or revoked if you make a serious Offence”.
At the same time, Mayer has stressed, the Federal government wanted to toughen the immigration law. Especially “the legal possibilities of detention or leaving detention to deportation to be arranged” should be facilitated.
Italy’s right-wing interior Minister Matteo Salvini criticized the verdict. It showed how important it was “to change this Europe,” he explained. “I don’t change my mind, and the law: The “asylum seekers” who rape, steal and deal, all go back to their homeland.”