A Berlin administrative court has ruled that Germany’s recent policy of pushing back asylum seekers at the border is unlawful. The decision comes after three Somali nationals were turned away at the Polish border in Frankfurt (Oder) without a formal review of their asylum claims. The court found that such rejections violate current legal standards, which require a thorough, individual examination of each case — even if the person arrives from a so-called „safe third country.“

Dobrindt’s Border Orders Under Fire

The court’s ruling directly challenges a key pillar of Interior Minister Alexander Dobrindt’s tougher approach to migration. Shortly after taking office in May, Dobrindt had announced intensified border checks and ordered police to reject asylum seekers at entry points — reversing a 2015 policy by his predecessor. He argued that the measure was necessary to reduce irregular migration and declared a „national emergency“ to justify the new directive.

However, the court rejected this justification, stating there was no sufficient evidence of a threat to public order or safety. The judges emphasized that invoking a national emergency does not override the legal obligation to review asylum applications. The ruling — while part of an emergency procedure — is final and cannot be appealed.

Government Remains Defiant

Despite the verdict, Dobrindt vowed to continue enforcing border pushbacks, calling the court’s ruling a “case-specific” exception. He also noted that the Somali asylum seekers had crossed the border multiple times before invoking asylum protections.

Still, critics warn the government is undermining the rule of law. Green Party MP Marcel Emmerich called the policy “a blatant breach of law” and urged Chancellor Friedrich Merz to immediately halt the unlawful rejections. Meanwhile, police unions voiced concern that officers might be held legally responsible, despite having acted under ministerial orders.

Legal and Political Consequences Loom

The ruling could trigger deeper divisions within the coalition government. SPD interior expert Sebastian Fiedler stressed that any policy directive must clearly comply with European and German law, as well as humanitarian principles.

At the same time, the government is preparing further tightening of asylum rules. A new bill, expected to be presented this week, would allow certain countries — including Algeria, India, Morocco, and Tunisia — to be designated as “safe countries of origin,” streamlining deportation procedures. sueddeutsche.de