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German Court Declares Border Turnbacks of Asylum Seekers Illegal

Germany is now required to process asylum requests at border crossings under EU rules following the court’s ruling

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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Overview

  • The Berlin Administrative Court ruled June 2 that rejecting asylum seekers without applying the EU’s Dublin procedure is unlawful.
  • The decision stemmed from a case in which three Somali nationals were sent back to Poland on May 9 from Frankfurt an der Oder under a new German regulation.
  • The court specified that asylum applications must be handled at or near border crossings, although migrants cannot demand entry beyond those points.
  • Chancellor Friedrich Merz’s conservative coalition had advised police last month to turn back irregular migrants even if they registered asylum claims.
  • The interior ministry has not yet commented on how it will align Germany’s border controls with the court’s directive.