A Berlin court has determined that denying entry to asylum seekers at the border, even after they submit asylum applications, is unlawful under European law.
The ruling stems from a case involving three Somali nationals—two men and a woman—who were traveling by train from Poland to Germany. On May 9, federal police intercepted them at the Frankfurt (Oder) train station.
After the group applied for asylum, they were sent back to Poland later that same day. Authorities defended the move by referencing their arrival from a “safe third country.”
However, the court found this justification to be in violation of EU regulations, specifically the Dublin Regulation, which mandates that Germany must take responsibility for processing their asylum claims.
According to the court’s spokesperson, this marks the first legal decision addressing the new border enforcement policy introduced by Interior Minister Alexander Dobrindt. Shortly after assuming office in early May, the CSU politician implemented tougher border controls and stated that asylum seekers could be turned away upon arrival.
The court acknowledged that the individuals did not possess an automatic right to enter German territory. Still, it ruled their asylum requests should have been formally considered at the border or within the border area.
This legal setback could complicate the stricter immigration approach pursued by Chancellor Friedrich Merz’s administration. His center-right coalition, which came to power in February, campaigned on promises to “restore order” at Germany’s borders.
Meanwhile, police officials have raised concerns about the sustainability of intensified border controls, warning they may not be able to uphold them long-term amid ongoing migration pressures.
