The German Administrative Court ruled against the government's pushback policy, stating that asylum seekers must not be turned away at borders before their claims are processed according to the Dublin system. This decision emerged from a case involving Somali nationals sent back to Poland despite requesting asylum. Interior Minister Dobrindt affirmed plans to continue pushbacks, claiming they have legal backing. However, the court emphasized that the desire to maintain public order did not justify ignoring Dublin procedures, marking a significant conflict between judicial oversight and government immigration policy.
Monday’s court decision follows an appeal made by three Somali nationals who encountered an immigration check at a train station at Frankfurt an der Oder on the Polish border on May 9. They expressed their wish to claim asylum in Germany 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.
The court rejected the government's argument that the Dublin procedure could be disregarded if this is necessary to keep public order and protect domestic security. The government had failed to demonstrate a danger to public security or order that would justify such a move.
Interior Minister Alexander Dobrindt said hours after the judgement that we will continue with the pushbacks, adding that we think we have the legal justification for this. Dobrindt insisted that Monday's judgement only had a direct impact in the individual case of the three Somali complainants.
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.
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