The Berlin administrative court on Monday ruled that the new government’s policy of rejecting asylum seekers at the border is incompatible with European Union law.
In the urgent decision, the court found that the forced return to Poland of three Somalian asylum seekers, two men and one woman, on German territory was illegal under the EU Dublin regulation. It went on to rule that the overall policy of rejecting asylum seekers is legally ill-founded.
It first dismissed the national legal basis put forward by Interior Minister Alexander Dobrindt, which prescribes that asylum seekers may be returned when coming from a safe third country. Because of the primacy of EU law, it clarified that the Dublin III Regulation applies. It prescribes that the EU state is responsible for processing the