The judge says Berlin broke EU law by refusing Somali asylum seekers to enter.
A Berlin court ruled that Germany violated the asylum law when it deported three Somali citizens on the Poland border in a decision to challenge Prime Minister Friedrich Merz’s aggressive new migration stance.
Three asylum seekers – two men and one woman – were turned back to border police at the station in Frankfurt and del Oder, a city on Germany’s eastern border.
“The applicant was unable to request that he enter Germany across the border crossing,” the court said in a statement Monday. “However, refusal was illegal because Germany had an obligation to deal with their claims.”
Authorities cited asylum seekers as a reason for their refusal to arrive from “safe third country.”
However, the court held that expulsion was illegal under European Union rules, particularly Dublin regulations. This requires Germany to assess the asylum claims whether they are in a state of responsibility under the agreement.
It has marked its first legal ruling since Mertz took office in February, riding a wave of anti-immigration sentiment that has supported the German party’s far-right alternative, the second largest political force in the country.
Home Minister Alexander Dobrind defended deportation and said the exile system has failed under pressure. “The numbers are too high. We’re stuck to our practice,” he told reporters, adding that the courts will receive legal justification for the government’s position.
Suspicious Migration Policy
However, opposition lawmakers quickly utilized the verdict. Greens’ Eileen Michalick called it a “serious defeat” for Mertz’s government and accused it of exaggerating its power “for populist purposes.”
“The border closure was a rejection of the European Dublin system and angered European neighbors,” she said.
Carl Kopp, managing director of immigration advocacy group Pro Ashir, said the expulsion of Somalis reflected “illegal practices of unilateral national action” in the asylum policy and called for a return to Germany, Reuters reported.
The ruling also raises questions about Mertz’s broader transition agenda. In May, his government introduced an order to pull back undocumented people at German borders, including those seeking asylum.
Last month, the Commission proposed a bloc-wide mechanism that would allow member states to reject asylum seekers who have passed through “safe” third countries. The measure, widely criticised by rights groups, is still awaiting approval from the National Parliament and the European Parliament.
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