A Berlin administrative court has ruled that individuals who seek asylum at German border controls cannot be turned back without the Dublin procedure being carried out. The court announced the decision on Monday, which concerns three Somali applicants who had arrived in Germany from Poland. They were stopped by the federal police at the Frankfurt (Oder) train station on May 9, 2025 and after declaring their asylum request, were sent back to Poland the same day, citing their entry from a safe third country.
The applicants had filed for interim injunctions against the rejection while still in Poland. The 6th Chamber of the Administrative Court largely granted the applications and declared the rejection unlawful. The Federal Republic is under the obligation, according to the EU’s Dublin Regulation, to fully complete the procedure for determining the responsible member state for the asylum process if an asylum application is made on German territory. The applicants had made a corresponding application, thus the border crossing was allowed and the Dublin procedure had to be carried out in Germany.
The court emphasized that the Federal Republic cannot rely on the exception in Article 72 of the Treaty on the Functioning of the European Union, as no sufficient threat to public security or order was demonstrated. The applicants, however, cannot demand to be allowed to enter the federal territory beyond the border crossing, as the Dublin procedure can also be carried out at the border or in the surrounding area. The decisions are final and binding.