Berlin Court Rules Against German Asylum Practices
In a recent landmark ruling, a court in Berlin determined that Germany violated European Union (EU) asylum laws by deporting three Somali nationals at the border with Poland. This decision significantly challenges the stringent migration policies introduced by Chancellor Friedrich Merz.
The asylum seekers—two men and a woman—were denied entry by border police at a train station in Frankfurt an der Oder, a key city on Germany’s eastern frontier. The court emphasized that while the applicants could not insist on crossing the border, their rejection was unlawful since Germany is obligated to examine their asylum requests.
Authorities defended their actions by citing the asylum seekers’ arrival from a "safe third country." However, the court ruled that the expulsion contravened EU regulations, particularly the Dublin Regulation, which mandates Germany to evaluate asylum claims when it is deemed the responsible state under the agreement.
This ruling is the first of its kind since Merz’s conservative coalition took power in February 2025, driven by a surge in anti-immigration sentiment that has bolstered the far-right Alternative for Germany party, now the second largest in the parliament.
Interior Minister Alexander Dobrindt stood by the deportations, claiming the current asylum system is under excessive strain and stating, "The numbers are too high. We are adhering to our practices." He conveyed that the court would receive legal justifications supporting the government’s position.
Scrutiny of Migration Policies
Opposition lawmakers swiftly reacted to the ruling, with Irene Mihalic from the Greens labeling it a “severe defeat” for Merz’s administration. She accused the government of misusing its authority for populist agendas, stating that the border measures directly challenge the European Dublin framework and have strained relations with neighboring EU countries.
Karl Kopp, director of Pro Asyl, a pro-immigration organization, criticized the deportation of the Somali nationals as indicative of an "illegitimate practice of unilateral national actions" in asylum policy and advocated for their return to Germany.
Moreover, this ruling raises concerns about Merz’s broader migration agenda. In May, his government implemented a policy to turn away undocumented migrants at Germany’s borders, including those seeking asylum—a stark shift from former Chancellor Angela Merkel’s more inclusive approach during the 2015 migrant crisis.
Recently, the European Commission proposed a continent-wide mechanism that would allow member states to refuse asylum seekers who have passed through a "safe" third country. This contentious measure still awaits ratification by national parliaments and the European legislative body.