Volkswacht Bodensee - German court rules border pushbacks of asylum seekers are illegal

"Persons who express the wish to seek asylum while at a border check on German territory may not be sent back" before it has been determined which state is responsible for processing the claim under the EU's so-called "Dublin" system, Berlin's Administrative Court said in a statement.

Monday's decision follows an appeal made by three Somali nationals who went through an immigration check at a train station on the Polish border on May 9.

They expressed their wish to claim asylum but were sent back to Poland the same day.

The court said that their pushback was illegal and that its "findings can also be applied to other cases" of people being turned away at Germany's borders.

However the court also ruled that "the petitioners cannot demand to be allowed into" Germany.

The process of establishing which EU state is responsible for the asylum application "can be carried out at or close to the border", the court said.

The interior ministry did not immediately react to Monday's ruling.

The government has limited options to challenge the decision, for example by appealing to Germany's federal Constitutional Court.

- Irritated neighbours -

The new policy of pushing back undocumented migrants at Germany's borders, including almost all asylum seekers, was quickly introduced after Merz's government took office early last month.

This was despite worries voiced by some in his coalition's junior partner, the centre-left Social Democrats (SPD), that the policy was not legally sound.

The government has also stressed that the pushbacks are temporary and that the longer-term solution has to be improved security at the EU's external borders.

According to the interior ministry, 1,676 people were denied entry to Germany in the first two weeks of the new policy being applied, including 32 people who wanted to claim asylum.

A crackdown on irregular migration was a key plank of Merz's platform for February's general election.

That vote saw the far-right Alternative for Germany (AfD) score its best-ever result of just over 20 percent and Merz insists that action on migration is the only way to halt the party's growth.

The new government's pushback policy has led to some irritation among Germany's neighbours as well as fears of adverse impacts on cross-border commuters and border communities.

On Monday a foreign ministry source confirmed that the French embassy in Berlin had sent the German government a letter demanding clarity on Germany's migration policy.

H.Weber--VB