The administrative Court of Berlin found Monday (02.06.2025) illegal expulsion of applicants asylum on the border. There was a appeal of three Somalians, who were sent back to Poland by Frankfurt of Oder.
According to the Berlin Court, asylum seekers cannot be deported without following the planned “Dublin Procedure” and, as the headquarters said, this is the first such decision after the introduction of more intensive border controls by the new Government of Chancellor. Friedrich Mertz.
Police justified the expulsion of the three Somali on the grounds that they were entering a safe country, but if the immigrants expressed their willingness to receive asylum, asylum, had to be allowed to cross the borders – not necessarily without restrictions.
In such a case, the Federal Service of Migration and Refugees in Germany is considering which state is responsible for the process and is usually the Member State of the European Union where immigrants first arrived. An important parameter may also be whether their close relatives are already living in EU country.
The Berlin administrative court also stated that the German government could not argue that the Dublin regulation should not be implemented in the event of an emergency. “He could not base the rejections in exception and there was no threat to public security or order,” he said in the decision.
The Ministry of the Interior insists, despite the judicial decision
The Minister of the Interior, Alexander Dobrid (CSU) He said on Monday that the government insists on asylum seekers at the border, despite the decision of the Berlin Administrative Court, with which the practice is described as illegal.
“We persist in this” the measure and our legal point of view, Dobrid said and described the current asylum system as “dysfunctional”, while describing the court ruling as “dysfunctional”. ‘Decision of an individual case’which is not essential. The interior ministry now wants to go to the “main issue” and present a “more decisive” rationale, he added.
On the side of the Social Democratic Party (SPD), the Ralph Stengner He told the Rheinische Post that the court ruling would not leave Dobrid without any “political wounds” and stressed that the Christian Union (CDU/CSU) is now facing a test of political handling, while the secretary of the Greens Parliamentary Group, Irene Michael asked the Minister of the Interior to withdraw the measure and the MP of the Left, Clara Bunger He demanded his resignation because “a minister is not allowed to knowingly illegitimate”.
Consequences also asked for organization “Pro asylum”which in a statement argued that “the practice of rejecting asylum seekers violates European law and must be stopped immediately and Alexander Dobrid has caused a lot of problems for those looking for protection and damage to German foreign policy.”
The Police Association considers that the court ruling was justified by its initial view of the “extremely controversial procedure” of the border. The President of the Association, Andreas Rocopwf He also told the Funke Group’s newspapers that after the court ruling should not take legal action against police officers who do not apply the rejections.
The head of the Bundestag’s Internal Affairs Committee, Thomas Zillephard (CSUHe stated, however, that the issue should be resolved in the Supreme Court and argued that by then “there is no reason to stop the border”.