Migrants in Dublin's downtown area not returning to Poland
The Dublin Centre in Eisenhüttenstadt, Germany, serves as a crucial facility for handling asylum seekers subject to the Dublin Regulation, a European Union (EU) law that determines the responsible EU member state for processing an asylum claim, typically the first country of entry. This centre's treatment of asylum seekers and its adherence to the Dublin Regulation have raised significant legal and humanitarian concerns.
Recent changes in German law have made the treatment of asylum seekers, particularly those whose cases are deemed inadmissible under the Dublin Regulation, more restrictive. Since late 2024, German law has limited social benefits for these individuals to minimal “bridging assistance” for up to two weeks, covering only fundamental needs such as food, shelter, and medical care. However, a ruling by the Higher Social Court of Lower Saxony in June 2025 challenged these restrictions, asserting that it is unconstitutional and breaches EU law to deny rejected asylum seekers all social benefits if their deportation cannot be carried out promptly.
Despite the legal requirement under Dublin to transfer asylum seekers back to the first country of entry, often Poland, practical difficulties have emerged. Deportations sometimes fail because authorities cannot locate the individuals, leading to extended deadlines for deportation and ongoing legal uncertainties.
Asylum seekers fearing for their safety in Poland face particular hardships. Given reports of safety concerns in Poland, many asylum seekers find themselves in a precarious position, unable to remain in Germany but also unable to safely return to Poland. The German courts have recognized these issues, disputing blanket denials of assistance or immediate expulsions without proper assessment.
The Dublin Regulation mandates that the EU member state responsible for processing asylum claims is usually the one where the asylum seeker first entered. This often means that asylum seekers who entered through Poland are ordered returned there for their claims to be processed. The ongoing tension between strict border control policies and legal protections for asylum seekers under EU and German law has led to legal challenges, with courts emphasizing that EU asylum law, including Dublin, must be applied carefully and cannot override fundamental rights or procedural safeguards.
The case of Kiran, an asylum seeker who fears for her life if she has to go back to Poland due to her experiences in a closed asylum facility, illustrates these challenges. Kiran spent seven months in Belarus and nine months in Poland before coming to Germany. Despite a pushback in Frankfurt (Oder), she was able to come to Germany in January 2025. Kiran lived in the Dublin Centre in Eisenhüttenstadt but temporarily escaped through a provisional church asylum. Refugees in the Dublin centre report not receiving enough food and having no privacy, with rooms unable to be locked, and security personnel and social workers searching the rooms and cupboards daily.
The future need for the Dublin centre depends on the further development of border controls. The centre can accommodate up to 250 people, with 20 currently accommodated who are to be deported to Poland. Muhammad, another refugee who spent time in the Dublin Centre, suspects that the measures taken were intended to make him return to Poland voluntarily. He was not allowed to leave the city of Eisenhüttenstadt or the Dublin Centre between 10 pm and 6 am, and police officers entered the rooms unannounced at night.
The ongoing legal disputes regarding the Dublin Regulation and asylum seeker treatment highlight the need for careful adherence to EU and German law, particularly for those fearing persecution or harm in the designated Dublin state. The case law suggests ongoing judicial engagement to balance state interests and individual rights within the Dublin system. Organisations such as Pro Asyl have expressed concerns about facilities like the Dublin Centre in Eisenhuettenstadt and have filed a complaint with the EU Commission to initiate an infringement procedure against Germany regarding its border policy.
- The ongoing legal challenges in Germany and the EU, prompted by concerns regarding the treatment of asylum seekers and adherence to the Dublin Regulation, have led organizations like Pro Asyl to file complaints with the EU Commission, questioning the legality of border policies.
- Asylum seekers, such as Kiran and Muhammad, who fear for their safety in Poland and have spent time in facilities like the Dublin Centre in Eisenhüttenstadt, face uncertain futures due to the ongoing tension between border control policies and the legal protections for asylum seekers under EU and German law.
