German court declares border pushbacks of Asylum seekers unlawful
According to the court, the procedure for determining which EU member state is responsible for processing an asylum request can still be conducted at or near the border.
A German court on Monday ruled that the new government's policy of turning asylum seekers away at its borders is unlawful, delivering a setback to one of Chancellor Friedrich Merz's key initiatives.
In its decision, Berlin’s Administrative Court stated that individuals who express a desire to seek asylum during a border check within German territory cannot be turned away before it is determined which EU member state is responsible for handling their application, in line with the EU’s “Dublin” regulation.
The ruling came in response to an appeal filed by three Somali nationals who were subjected to an immigration inspection at a train station near the Polish border on May 9.
They expressed their wish to claim asylum but were sent back to Poland the same day.
The court found that sending the asylum seekers back was unlawful, adding that its conclusions could be applied to similar instances of people being turned away at Germany’s borders.
However, it also ruled that the applicants do not have the right to demand entry into the country.
According to the court, the procedure for determining which EU member state is responsible for processing an asylum request can still be conducted at or near the border.
Germany’s interior ministry did not immediately comment on the ruling. The government now has limited avenues to contest the decision, such as filing an appeal with the federal Constitutional Court.
The policy of turning away undocumented migrants at Germany’s borders including nearly all asylum seekers—was swiftly rolled out following Chancellor Friedrich Merz’s government taking office early last month.
This move came despite concerns from the centre-left Social Democrats (SPD), the junior coalition partner, who questioned the policy's legal basis.
The government has emphasized that the pushbacks are a temporary measure, saying the long-term solution lies in bolstering security at the EU’s external borders.
Figures from the interior ministry show that in the first two weeks of the policy’s enforcement, 1,676 individuals were denied entry into Germany, including 32 who had expressed a desire to seek asylum.
Tightening control over irregular migration was a central theme of Merz’s campaign in the February general election.
In the February election, the far-right Alternative for Germany (AfD) secured its highest-ever share of the vote, topping 20 percent. Chancellor Merz has argued that firm action on migration is essential to curbing the party’s rise.
However, the new government's border pushback policy has sparked tensions with neighboring countries and raised concerns about its effects on cross-border commuters and communities near the borders.
On Monday, a foreign ministry source confirmed that France’s embassy in Berlin had formally written to the German government, requesting clarification on its migration stance.
