The Berlin Administrative Court ruled on Monday that rejecting asylum seekers at border controls is unlawful unless done under the EU's Dublin procedure. This decision challenges Chancellor Friedrich Merz's policy to curb migration. The ruling stems from a case involving three Somali nationals turned back to Poland on May 9 at Frankfurt an der Oder.
The court stated that these rejections circumvent legal procedures and infringe upon asylum rights. Chancellor Merz's government had recently instructed police to turn back irregular migrants at the border, even those seeking asylum. The court emphasized that individuals expressing a desire for asylum on German territory cannot be turned back before determining responsibility under the EU's Dublin system.
This decision marks a setback for the government's efforts to tighten border controls. The ruling ensures that asylum claims are processed according to established EU regulations. It upholds the rights of individuals seeking protection within Germany.