NRW tightens rules rejected for asylum seekers

The fact that the suspected Solingen attacker could not be deported in time also seems to be due to a failure on the part of the authorities. NRW is making adjustments.

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After the fatal knife attack in Solingen, the North Rhine-Westphalia state government tightened the duties of local and central immigration authorities when it comes to repatriating rejected asylum seekers. In future, every failed transfer must be immediately checked to see whether a second attempt can be made. This is the result of a new decree that NRW Refugee Minister Josefine Paul (Greens) presented to the Integration Committee of the Düsseldorf State Parliament.

The deportation of the Syrian suspect to Bulgaria, which had been planned long before the knife attack, had failed because he could not find any war in his emergency accommodation; according to information provided so far, there had been no further attempts.

After knife attack in Solingen: Reporting obligation after more than three days of absence

The new decree expressly obliges the management of municipal accommodation facilities to immediately report any absence of more than three days by persons required to leave the country to the Central Aliens Authority (ZAB). This obligation to provide information also applies if the persons concerned reappear.

If those affected are absent for more than three days, they can be put out for arrest by the responsible ZAB, the decree states. The ZAB must check whether the person required to leave the country should be classified as a fugitive – in this case, the regular six-month transfer period can be extended.

If a person wanted for arrest falls behind, the facility management must immediately notify the police. The documentation requirement for the entire process is being tightened.

Rules for the repatriation of those required to leave the country: Immigration authorities have access to all rooms

The decree also makes it clear that ZAB employees have access to all rooms in the accommodation facility where people required to leave the country may be staying. To gain access, it is not enough to simply enter the room of the person concerned. Common rooms, the canteen or the rooms of other people can also be entered.

After a failed transfer attempt, the Central Flight Registration Office (ZFA) should be asked whether another seat has become available in the meantime. “The ZFA is instructed to check the remaining transfer period for each cancellation received from now on and to book a new flight immediately,” the decree states.

Tightened rules after knife attack: If there is a risk of escape, detention for surrender is possible

If the behaviour of the person concerned already suggests in advance of a transfer that he or she could evade a measure – for example, if he or she is regularly absent during the night – it could be considered to apply for detention pending transfer.

In the attack, a man killed three people with a knife and injured eight others at a city festival in Solingen the week before last. The suspected perpetrator is 26-year-old Syrian Issa Al H., who is in custody. He came to Germany via Bulgaria at the end of 2022 and should have been returned to Bulgaria under the so-called Dublin asylum rules. However, this did not happen because the man was not found in the Paderborn state facility on the scheduled day in June 2023.

dpa