German border police's expulsion of asylum seekers unlawful, court rules

By Kirsti Knolle

BERLIN (Reuters) -Germany has acted unlawfully by turning away asylum seekers at the border, a Berlin court ruled on Monday, citing a case in which border police expelled three Somalis who tried to enter the country from Poland.

The two men and a woman were sent back to Poland from a train station in the eastern city of Frankfurt an der Oder on Germany's eastern border on the grounds that they had sought to enter from a safe third country, a court statement said.

The ruling could challenge the tougher migration stance by Chancellor Friedrich Merz's conservative-led coalition, which was elected in February promising a crackdown that has caused concern in neighbouring countries.

It is the first such case since Merz was elected, RBB media said, citing a court spokesperson. The court was not immediately available for further comment.

Interior Minister Alexander Dobrindt defended the expulsions, saying he would provide the court with justifications for banning entry.

"You can see how dysfunctional the whole asylum system is. The numbers are too high. We are sticking to our practice," he told reporters.

The court called the rejection of the applicants "unlawful" in a statement, explaining that their asylum application should have been processed by Germany under the European Union's so-called Dublin rules that determine which country is responsible for processing an asylum application.

"However, the applicants could not demand to enter the Federal Republic of Germany beyond the border crossing," it added, saying that the application could be processed at or near the border.

Migration is among German voters' biggest concerns and a backlash against an influx of new arrivals has contributed to a rise in the popularity of the far-right Alternative for Germany party, which came second in a federal election in February.

It is a profound shift since Germany's "Refugees Welcome" culture during Europe's migrant crisis in 2015 under Merz's conservative predecessor, Angela Merkel.

Merz's government issued an order in May to reject undocumented migrants, including asylum seekers, at Germany's borders.

GREENS' CRITICISM

Monday's ruling was seized on by the Greens party, now in opposition, which said it vindicated their stance that Merz's migration crackdown was unworkable.

"This is a severe defeat for the federal government and should serve as a warning to abide by the law in the future and not knowingly exceed its own powers for populist purposes," Greens lawmaker Irene Mihalic told the Rheinische Post newspaper.

"The border blockades were a rejection of the European Dublin system and have offended our European neighbours."

Dobrindt said last week he hoped the EU can reach a bloc-wide agreement allowing for failed asylum seekers who cannot go home to be sent to safe countries near their original homelands.

Karl Kopp, managing director of pro-immigration advocacy group Pro Asyl, told the Rheinische Post that Dobrindt's "unlawful practice of national unilateral action in asylum policy" should end and that the three Somalis should to be allowed to re-enter Germany.

The European Commission, the EU's executive body, proposed a scheme last month that would let member states reject asylum applications by migrants who passed through a "safe" third country on their way to the bloc.

The proposals, criticised by rights groups, have yet to be adopted by national governments or the European Parliament.

(Reporting by Kirsti Knolle and Markus Wacket; Additional reporting by Tom Sims; Writing by Matthias Williams; Editing by Rachel More and Timothy Heritage)