German Court Halts Policy Rejecting Asylum Seekers at Border

Key Takeaways

• On June 2, 2025, Berlin court blocked Germany’s border pushback policy for asylum seekers as illegal.
• Policy violated EU Dublin Regulation by rejecting asylum seekers before assessing responsible country.
• Asylum seekers at German borders must be allowed to apply and be processed under correct procedures.

On June 2, 2025, a German court in Berlin delivered a major decision that immediately changed how Germany handles people seeking asylum at its borders. The court ruled that the government’s new policy—turning away most undocumented migrants, including asylum seekers, at the border—was illegal. This policy had been a central part of Chancellor Friedrich Merz’s approach to migration since his conservative government took office in early May 2025. The court’s decision has wide-reaching effects for asylum seekers, border police, and the future of migration policy in Germany 🇩🇪 and across the European Union.

What Happened? The Court’s Decision and Its Impact

The Berlin administrative court’s ruling came after three Somali nationals were turned back to Poland at a German border train station, even though they told border police they wanted to seek asylum. The court stated that anyone who says they want asylum at a German border checkpoint must be allowed to apply for protection in Germany. They cannot be sent back before it is clear which country is responsible for their asylum claim, as required by the European Union’s “Dublin” system.

Key facts:
– Date of ruling: June 2, 2025
– Policy affected: Border pushbacks of most undocumented migrants, including asylum seekers
– Immediate effect: Border police must allow asylum seekers to apply for protection at the border

The court found that the government’s policy violated both German and EU law. Specifically, it broke the rules set out in the Dublin Regulation, which says each asylum claim must be checked to see which EU country should handle it. The court also said the policy violated the basic right to seek asylum.

Why Was This Policy Introduced?

Chancellor Friedrich Merz and his government introduced the border pushback policy right after taking office in May 2025. The goal was to reduce irregular migration and respond to growing support for the far-right Alternative for Germany (AfD) party, which had just scored its best-ever result in the February 2025 general election, winning over 20% of the vote.

Key points about the policy:
– Who introduced it: Chancellor Friedrich Merz and Interior Minister Alexander Dobrindt
– When: Early May 2025
– What it did: Ordered border police to refuse entry to most undocumented migrants, except for vulnerable groups like children and pregnant women

The government argued that strict border controls were necessary to manage migration and address public concerns. However, refugee rights groups, such as PRO ASYL, strongly criticized the policy, calling it “inhumane and in some parts illegal.” They warned that turning people away without checking their asylum claims could put vulnerable individuals at risk and break the law.

How Did the Court Reach Its Decision?

The court’s decision was based on both German and EU law. The most important legal rule is the Dublin Regulation, which is a set of EU rules that decides which country is responsible for handling an asylum claim. Under this system, a person who asks for asylum at a German border must be allowed to apply. Only after checking the Dublin rules can Germany decide if another EU country should handle the claim.

The court said:

“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.”

This means that border police cannot simply turn people away. Instead, they must:
1. Allow the person to apply for asylum
2. Check which country is responsible under the Dublin rules
3. If Germany is responsible, process the claim
4. If another country is responsible, start transfer procedures—but not reject the person outright

What Does This Mean for Asylum Seekers?

For people seeking asylum, the court’s decision is very important. It means that if someone arrives at a German border and says they want asylum, border police must let them in and start the process. They cannot be sent back without checking their case.

Step-by-step process after the ruling:
1. Arrival at border: The asylum seeker presents themselves at a German border checkpoint.
2. Expression of intent: The person says they want to seek asylum.
3. Admission: Border police must let the person in for processing.
4. Dublin assessment: Authorities check which EU country should handle the claim.
5. Processing: If Germany is responsible, the claim is processed in Germany. If another country is responsible, transfer procedures are started, but the person is not simply turned away.

This process protects the rights of asylum seekers and ensures that each case is checked fairly. It also means that Germany must follow the same rules as other EU countries.

How Does This Affect Border Police and Government Agencies?

Border police must now go back to the procedures that were in place before the Merz government’s policy. This means they must:
– Allow asylum applications at the border
– Work with the Federal Office for Migration and Refugees (BAMF) to process claims
– Follow the Dublin Regulation for each case

The Federal Office for Migration and Refugees (BAMF) is the main agency in charge of handling asylum claims in Germany. You can find more information about their work and the asylum process on the official BAMF website.

Political and Social Reactions

The court’s decision is a major setback for Chancellor Friedrich Merz and his government. The border pushback policy was a key part of their plan to control migration and respond to the rise of the AfD. Now, the government must find new ways to address migration while following the law.

Different groups have reacted in different ways:
– Government/Conservatives: Say strict border controls are needed to manage migration and respond to public concerns.
– Far-right (AfD): Want even stricter measures and use migration as a main campaign issue.
– Civil society/NGOs: Strongly oppose pushbacks and say the court’s decision is a win for human rights and the rule of law.
– Legal experts: Say the ruling confirms Germany’s duty to follow EU and international law, especially the right to seek asylum.

Background: How Did Germany Get Here?

Germany’s approach to asylum and migration has changed a lot over the past decade. In 2015, during the refugee crisis, then-Chancellor Angela Merkel allowed many people fleeing war and violence to enter Germany. This open approach later faced criticism and led to tighter controls as political pressure grew.

Timeline of key events:
– 2015-2024: Germany welcomes many asylum seekers, then tightens controls over time.
– February 2025: The AfD wins over 20% in the general election, its best-ever result.
– May 2025: The Merz government takes office and quickly introduces border pushbacks.
– June 2025: The Berlin court blocks the policy, restoring previous asylum procedures.

The Numbers: Asylum Applications and Political Context

In 2024, Germany received over 250,000 asylum applications. This was about 30% fewer than in 2023, showing that the number of people seeking asylum had already started to fall before the new policy was introduced.

The political context is important. The rise of the AfD has put pressure on mainstream parties to take a tougher line on migration. The Merz government’s policy was seen as a way to address these concerns, but the court’s decision has forced a rethink.

What Happens Next? Future Outlook

The government may try to appeal the court’s decision, but for now, the border pushback policy is suspended. The Merz administration will likely look for other ways to manage migration, possibly by working with other EU countries or making changes to the Dublin Regulation.

Possible next steps:
– Legal appeals: The government could challenge the court’s decision in higher courts.
– Policy revisions: New measures may be introduced that stay within the law.
– EU coordination: Germany may push for changes to EU rules or work more closely with neighbors to manage migration.

The court’s decision could also affect the political debate in Germany. It may shape how mainstream and far-right parties talk about migration in future elections.

What Is the Dublin Regulation?

The Dublin Regulation is a set of rules used by European Union countries to decide which country is responsible for handling an asylum claim. Usually, it is the country where the person first entered the EU. The goal is to make sure that each claim is handled by only one country and to prevent people from applying in several countries at once.

Key points about the Dublin Regulation:
– Each asylum claim must be checked to see which country is responsible
– People cannot be sent back without an assessment
– Germany must follow these rules as part of the EU

You can find more details about the Dublin Regulation and asylum procedures on the official European Commission website.

Stakeholder Implications: Who Is Affected?

Asylum seekers: The ruling protects their right to have their claims heard and prevents them from being turned away without a fair process.

Border police: Must follow the new (restored) procedures, which may require more time and resources to process each case.

Government: Faces pressure to find new solutions that are both effective and legal.

Civil society and NGOs: See the decision as a win for human rights and may continue to push for fair treatment of migrants.

EU partners: The ruling may encourage other countries to review their own border policies and could lead to changes in EU asylum rules.

Official Resources and Where to Get Help

If you or someone you know needs information about seeking asylum in Germany, you can contact the Federal Office for Migration and Refugees (BAMF):

• Website: www.bamf.de
• General inquiries: +49 911 943-0

For legal information about asylum procedures and court decisions, visit the German judiciary’s official website.

For support and advocacy, PRO ASYL is a leading refugee rights group in Germany:

• Website: www.proasyl.de

Summary Table: Key Facts

Analysis: What Does This Mean for Germany and the EU?

The German court’s decision is more than just a legal ruling—it is a turning point in the country’s approach to migration. It shows that even when political pressure is high, the law protects the rights of people seeking safety. The ruling also highlights the importance of EU rules, like the Dublin Regulation, in shaping national policies.

As reported by VisaVerge.com, this case could influence how other EU countries handle similar situations. It may also push Germany 🇩🇪 and its neighbors to work together on new solutions for managing migration in a fair and legal way.

Practical Takeaways

• If you are seeking asylum in Germany, you have the right to apply at the border.
• Border police must process your claim and cannot turn you away without checking your case.
• The government may change its approach, but must follow the law and EU rules.
• For up-to-date information, check official sources like BAMF and the German judiciary.

The June 2, 2025, court ruling is a clear reminder that legal protections for asylum seekers remain strong in Germany, even in times of political change. As the debate over migration continues, the voices of courts, civil society, and international law will play a key role in shaping the future.

Learn Today

Asylum Seeker → A person who seeks international protection by requesting asylum from a country’s government.
Dublin Regulation → EU law determining which country handles an asylum claim to prevent multiple applications.
Pushback Policy → Government strategy to refuse entry to migrants and asylum seekers at a country’s border.
Federal Office for Migration and Refugees (BAMF) → Germany’s agency responsible for processing asylum applications and migration issues.
Alternative for Germany (AfD) → A far-right political party in Germany known for its strict migration stance.

This Article in a Nutshell

A June 2025 Berlin court ruling dismantled Germany’s new border pushback policy. The court protected asylum seekers’ rights, mandating entry and proper processing. This decision halted immediate deportations without Dublin Regulation checks, reshaping German migration policy amid political pressures from rising far-right influence.
— By VisaVerge.com