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Berlin Court Rules Asylum Pushbacks Illegal, Government Vows to Continue Policy

Germany vows to maintain border pushbacks after court rules policy breaches EU law.

The German federal police patrols along the German-Polish border area in Frankfurt (Oder), Germany, October 28, 2021.  REUTERS/Michele Tantussi/File Photo
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The present level of border scrutiny was not sustainable, the main police union said
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Overview

  • Berlin’s Administrative Court found on June 2 that asylum seekers cannot be turned away at border checks without determining which EU state must process their claim under the Dublin Regulation.
  • The ruling stemmed from an appeal by three Somali nationals who were expelled at a Frankfurt an der Oder train station after expressing a wish to claim asylum.
  • Interior Minister Alexander Dobrindt said the government believes it has legal grounds to continue pushbacks, arguing the asylum system is overwhelmed and needs stricter controls.
  • France and other neighbouring countries have demanded clarity as the pushbacks disrupted Schengen travel, and some SPD members warned the policy lacked legal justification.
  • The European Commission has proposed a bloc-wide mechanism to reject asylum applications from migrants who passed through ‘safe’ third countries, underscoring tensions over EU migration rules.