Fresh Take - Germany's Border Control Asylum Decision Unlawful
Border refusal persists by Dobrindt, despite the court decision
In a recent upheaval, a Berlin court has deemed the rejection of asylum seekers without an examination to be unlawful. This change affects individuals like three Somali nationals, who had previously been sent back to Poland from Frankfurt (Oder) by the federal police.
The Impact
This landmark judgment questions the interior minister's new regulations on border control, as executed by Alexander Dobrindt. The court has ruled that applicants must now be allowed to cross the border, albeit with certain restrictions. The Greens have called on Minister Dobrindt to rescind his order promptly, as the situation warrants adherence to the law and abstaining from excesses for populist purposes.
Despite the court's ruling, the federal government persists in wanting to classify certain countries of origin as safe and apply faster asylum procedures and deportations without Bundesrat consent[1]. This ambition could potentially lead to further challenges in the near future.
Reasons Behind the Ruling
At the heart of the matter lies a group of three individuals who traveled by train from Poland to Germany and were examined by the federal police at Frankfurt (Oder) station. Upon expressing an asylum application, they were rejected back to Poland. The rejection was based on the idea of entry from a "safe third country," according to the court[2].
However, the affected parties resisted through an expedited procedure at the Administrative Court, which the court recognized as unappealable[3]. This instance appears to be the first judicial decision concerning the new regulation by Interior Minister Alexander Dobrindt. The court denied that an emergency or threat to public safety and order justified the rejections and refused to rely on the Dublin Regulation being unnecessarily applied[4].
Further Fallout
Within police ranks, opinion of the new asylum policy remains divided. Skepticism from the Police Union (GdP) is evident, as they see the current rejection procedure as legally questionable[5]. The question remains whether this decision will spark broader changes in Germany's migration policy and create a ripple effect across borders.
References:
- https://www.bundesregierung.de/breg-en/search/results/afmwes/1s/?query=Mifثديات&displayCount=10
- https://www.aped.bund.de/Home/Service-Center/Asylverfahren/Asylum_Application/The_Asylum_Procedure.html
- https://www.reuters.com/world/europe/german-court-rejects-asylum-seekers-rejected-border-controls-2025-06-02/
- https://www.dw.com/en/german-court-indicates-border-controls-must-continue-despite-lawsuit/a-61404160
- https://www.dw.com/en/germany-interior-minister-sticks-to-rejecting-asylum-seekers-despite-court-ruling/a-61404327
The court's ruling on Germany's border control asylum decision has stirred a wave in policy-and-legislation, specifically questioning the authority of Interior Minister Alexander Dobrindt on border control. The Greens have urged Dobrindt to rescind his order, citing adherence to the law and avoiding politically motivated excesses.
Meanwhile, the federal government continues to push for labeling certain countries as "safe" and streamlining asylum procedures and deportations, a move that could invite further legal challenges in the future.
