Berlin court prohibits law enforcement from sending immigrants away at border

(MENAFN) A Berlin court has ruled that German border police cannot automatically reject asylum seekers arriving from neighboring EU countries without first assessing their claims. The decision challenges Chancellor Friedrich Merz’s recent policy aimed at limiting land-based migration.

The policy, introduced by Interior Minister Alexander Dobrindt shortly after Merz took office, allowed border authorities to turn back undocumented migrants unless they were unaccompanied minors, pregnant women, or otherwise deemed vulnerable. The initiative was part of Merz’s pledge to tighten asylum rules amid rising public anxiety, especially after several high-profile crimes involving asylum seekers.

The Berlin Administrative Court intervened on Monday, ruling in favor of three Somali nationals who were denied entry at the Polish-German border without having their asylum claims reviewed. The court found this practice violated the Dublin Regulation, which mandates that asylum seekers must apply in the first EU country they enter but also outlines a legal process for transferring applicants between member states.

The court emphasized that Germany is not obliged to admit every asylum seeker, but it cannot summarily reject them at the border without determining if they have submitted a claim or if another EU country is responsible. Authorities must process the individuals and assess their eligibility under the Dublin rules before making a decision.

As reported by the New York Times, Germany could comply by detaining applicants in processing centers while checking their case details and transfer eligibility.

In response, Dobrindt downplayed the significance of the ruling, saying it applies narrowly to the three Somali migrants and does not invalidate the overall policy. “We stand by our legal interpretation and do not view this as a reversal of our approach,” he stated.

Germany’s push to reduce asylum-based migration has intensified following violent incidents such as the 2024 Solingen knife attack, where a Syrian asylum seeker killed three people and injured eight at a summer event. The attacker had entered the EU via Bulgaria but evaded deportation due to a failure by authorities to locate him.

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