© 1997 by Oxford University Press
The Non-Admission and Return of Protection Seekers in Germany
* LL.M. (Lund), Doctoral Candidate, Faculty of Law, University of Lund
Since the German reform of asylum law in 1993, statistics indicate a significant decrease of protection claims and an increasing number of deportations. This article presents relevant domestic legislation and international agreements contributing to this development It focuses on how domestic and international law interact to inhibit or end the presence of protection seekers on German territory. In a first move, a conceptual framework for the analysis of readmission is introduced, which distinguishes pre-procedure returns from post-procedure returns. Secondly, the legal basis for non-admission and return in German law is presented along with existing readmission obligations in international agreements to which Germany is a party. Thirdly, those areas are singled out which give rise to concern from a protection perspective. Of all the existing arrangements, pre-procedure return to Safe Third Countries emerges as the most problematic feature. It is in some regards discriminatory, it impedes equitable burden-sharing, and it promotes fragmentation of European refugee law.