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    Home » Blog » German court rules turning away asylum-seekers unlawful

    German court rules turning away asylum-seekers unlawful

    June 3, 2025Updated:June 3, 2025 World No Comments
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    German court rules turning away asylum-seekers unlawful
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    The Berlin Administrative Court ruled on Monday that it is immoral to deport asylum seekers at border checks without following the EU’s Dublin process. Bundeskanzler Friedrich Merz, who has pledged to repress immigration, is hit with the serious decision. Chancellor Merz’s state advised authorities that they could turn back unusual immigrants at the borders even if they applied for asylum shortly after taking office last month.

    What are the facts about the situation?

    Three Somali immigrants who were turned up to Poland on May 9 as per the new European regulations received the decision. According to the court, these disappointments go against prison rights and bypass the required legal procedures. Before it is known which nation is responsible for processing the state under the EU’s so-called” Dublin” structure, the judge remarked that “persons who express the wish to seek hospital while at a border test on European territory may not be sent again.” By coach from Poland to Germany on May 9, the three, two men and one girl, had arrived. At the railroad train in Frankfurt an de River in the state of Brandenburg, the Federal Police stopped them. The three claimed they wanted to apply for refuge in Germany. They were, nevertheless, returned to Poland the same day. The police made this argument by claiming that they had entered from a secure second nation. The court also stated that” the petitioners cannot demand to be allowed into Germany, and that” the Dublin asylum procedures” can be carried out close to or close to the border.”

    What has the federal done to address this?

    Alexander Dobrindt, the minister responsible for the implementation of the migration policy, stated on Monday night that the government would continue to support its relocation plan and that the ruling simply applied to the specific case in question. We will continue the pushbacks, said Dobrindt in a speech, adding that” we think we have the legal justification for this.” The Chancellor Merz’s government advised officers last month when they took office. Dobrindt further stated that the interior ministry would provide more in-depth reasons for the pushbacks as the jury wished. The migrants in question had three previous attempts to cross the border, according to the interior minister, and only the second time did they grant prison. Prior to the general election in February, Merz’s strategy campaign made a major promise to combat random migration. The far-right Alternative for Germany ( AfD ) won just over 20 % of the vote in that election, which gave it its best-ever outcome. Since then, Merz has argued that a swift response to migration is necessary to stop the AfD’s increase.

    Criticism of Merz’s immigration coverage

    Germany’s center-left Green Party, then in opposition, claimed that the judge’s decision supported their claim that Merz’s immigration scheme was going to fail. The border blockades were a dismissal of the German Dublin program and had offended our German neighbors, according to Greens senator Irene Mihalic, who said they should serve as a reminder to abide by the law in the future and not dishonest overdo it for populist purposes. German pro-immigration advocacy group Pro Asyl’s managing director Karl Kopp reported to the Rheinische Post that Interior Minister Dobrindt’s “illegal practice of national unilateral action in asylum policy has failed. Dobrindt stated last week that he was hoping for a proposal to send evaded asylum seekers to “return hubs” in secure third countries. Additionally, the European Commission has proposed a system that would allow member states to reject asylum applications from immigrants who have entered the EU through a” safe” third country. The proposals have not yet been approved by national governments or passed by the European Parliament.

    The Dublin Regulation is what?

    The Dublin Regulation is an EU law that specifies which EU country is in charge of the application. However, according to the regulations, police cannot simply turn in asylum seekers back to the border. Instead, German authorities must start a lengthy process to return them to the nation where they first incorporated the EU. The claim is typically made up of the first EU country where an asylum seeker enters and has their fingerprints taken. It serves as a safeguard against a person applying for asylum in several EU countries at once. Greece and Italy, which are frequently the country’s first entry points, have been accused of being too burdened by the system.

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