Court declares asylum rejection in Brandenburg to be unlawful!

Court declares asylum rejection in Brandenburg to be unlawful!

Frankfurt (Oder), Deutschland - On June 2, 2025, an important judgment of the Berlin Administrative Court became known, which classifies the rejection of asylum seekers in border controls in Germany as illegal. The case concerns three Somali asylum seekers who were controlled by the Federal Police at the train station in Frankfurt (Oder) on May 9 after entering Poland by train. There they had expressed an asylum application, but were rejected to Poland the same day. The Federal Police justified this measure with the claim that the people had entered from a safe third country. However, this was not lawful, as the court decided.

The verdict represents the first judicial decision in relation to a new regulation by Federal Minister of the Interior Alexander Dobrindt (CSU), who ordered an intensification of border controls after taking office in early May. This new regulation enabled the rejection of asylum seekers to the border, but was not a legal hold in the judgment of the Administrative Court. Dobrindt had explained that the stricter controls are not laid out for a long time and that particularly vulnerable groups such as children and pregnant women are excluded from the rejections.

illegal rejection

According to the administrative court, the federal police must first initiate the Dublin procedure before rejection can be carried out. The decision emphasizes that Germany must comply with the obligations in accordance with the EU Dublin Ordinance. In addition, it was found that there was no threat to public security or order that could justify an exception to these obligations. This means that the direct rejection according to Poland was classified as illegal in this special case.

The argumentation of the federal police that rejection was necessary due to a national emergency or to maintain public security was rejected. Although Dobrindt had tried to rely on Article 72 of the Treaty on the working method of the European Union, the court was unable to confirm this position. In the procedure, which was initiated by those affected via an urgent procedure, it was also found that the decisions of the administrative court are inconceivable.

effects and political reactions

The decision of the Berlin Administrative Court could have far -reaching consequences for the future handling of refugee applications in Germany. The legal basis for rejection of asylum seekers is already questioned at the German borders. It remains to be seen whether Dobrindt and the federal government react to the judgment and whether further legal steps may be taken.

The court ruling could bring a turn for those affected. You now have the option of legally asserting your claims through an official application for asylum in Germany instead of being returned to Poland. This represents important progress in dealing with asylum seekers and criticizes the rigid measures that have been decided in the past few weeks.

For more information on this topic, we refer to the reporting of MDR href = "https://www.moz.de/nachrichten/brandenburg/fluechtlinge-in-brandenburg-aufen-asylsyluchender-inter-breit-recht-78096569.html"> MOZ and Zeit .