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The rejection of asylum seekers at border controls within German territory is illegal. This has been established by the Berlin Administrative Court in an urgent ruling.
Without carrying out the so-called Dublin procedure, asylum seekers cannot be turned away at the German border, the Berlin Administrative Court ruled in a case involving three Somalians who were sent back to Poland from Frankfurt (Oder). According to a court spokesperson, this is the first judicial decision regarding the new regulations set by Federal Interior Minister Alexander Dobrindt.
The CSU politician ordered intensified border controls only hours after taking office. At the same time, he authorized the Federal Police to turn away asylum seekers at the border—except for pregnant women, children, and other vulnerable groups.
Previously, only individuals who did not submit an asylum application, as well as foreign nationals subjected to a temporary entry ban due to prior deportations, could be rejected.
Somalians Took Legal Action
The case involves two men and a woman from Somalia who traveled by train from Poland to Germany. On May 9, they were controlled by the Federal Police at the Frankfurt (Oder) train station. After expressing their intention to request asylum, they were turned back to Poland on the same day. The Federal Police justified the rejection, according to the court, with the claim they entered from a safe third country.
The affected individuals opposed this decision through an urgent process in the Administrative Court. According to court reports, the rulings issued are not subject to appeal.
Impact of the Ruling on Asylum Policies
This recent ruling by the Berlin Administrative Court may significantly impact Germany’s asylum policies , especially regarding the treatment of asylum seekers at its borders. The decision underscores a crucial legal principle that emphasizes the due process required under international and EU law. The Dublin Regulation, which outlines which EU member state is responsible for examining an application for international protection, must be honored.
Furthermore, the ruling sends a clear signal to other EU member states regarding how they manage their border controls and asylum processes, advocating for a more humane and legally compliant approach. With asylum seekers often fleeing dire circumstances, the emphasis should be on protecting their rights while ensuring public safety.
Government Response to the Court’s Decision
In response to the court’s decision, the German government is likely to reassess its border control regulations and the legal framework surrounding asylum. Federal Interior Minister Alexander Dobrindt may face political pressure as his earlier policies have been challenged by this ruling. The decision may lead to a push for legislative reforms to ensure compliance with the court’s interpretation of asylum laws.
Moreover, advocates for asylum seekers and human rights organizations are now likely to call for more comprehensive reforms that go beyond mere compliance. They may push for the establishment of better monitoring systems and legal representation for asylum seekers to ensure their rights are safeguarded during processing.