A German court has ruled that the country’s border police unlawfully expelled several asylum seekers at the Polish border without due process, in a landmark decision that could have wide-reaching implications for Germany’s immigration enforcement practices and adherence to international asylum law.
The ruling, issued on June 2 by the Administrative Court in Berlin, found that German authorities violated the rights of multiple migrants by pushing them back across the border into Poland without allowing them to file asylum applications, in breach of both German constitutional guarantees and European Union legal standards.
The case was brought forward by asylum seekers from Syria and Afghanistan who claimed they were intercepted in Germany’s eastern border region and immediately expelled to Poland without explanation, legal counsel, or an opportunity to present their cases. The court agreed, stating that the pushbacks amounted to an unlawful denial of the right to seek asylum.
The judgment specifically condemned the Federal Police’s practices under the so-called “readmission” procedures that have been used increasingly since 2023 to curb unauthorized migration into Germany through its eastern border with Poland. These measures had been defended by German authorities as necessary for border control under bilateral agreements and EU regulations.
However, the court ruled that such practices are only lawful if they comply with due process protections. “The applicants were deprived of their fundamental right to access the asylum procedure,” the court stated. “The immediate return to Poland, without individual assessment or legal safeguards, constitutes an unlawful expulsion.”
Human rights groups welcomed the decision, calling it a victory for rule of law and migrant rights. “This ruling confirms what we’ve been warning about for years — that pushbacks violate international obligations and put vulnerable people at risk,” said Franziska Vilmar, asylum policy spokesperson for Amnesty International Germany.
The ruling could force changes to how German border police handle irregular crossings. Advocacy organizations say hundreds of similar incidents have occurred along the Polish border, particularly since the migration route through Belarus and Poland has seen increased traffic from asylum seekers fleeing war and persecution in the Middle East and Asia.
German Interior Minister Nancy Faeser said the government respects the court’s decision and will review its border procedures accordingly. “We will ensure that all measures taken at our borders are in full compliance with both national and international law,” she said in a brief statement.
Poland, for its part, has also been criticized for pushing migrants back into Belarus, sometimes under harsh conditions. The European Court of Human Rights has issued interim measures against Warsaw over the treatment of migrants at its eastern frontier.
Legal experts suggest that the Berlin court’s decision may have broader implications across the European Union, especially as countries increasingly turn to deterrent strategies to manage migration. The ruling reinforces that EU member states remain bound by the Geneva Convention, the European Convention on Human Rights, and the EU Charter of Fundamental Rights.
“The principle of non-refoulement — the prohibition on returning someone to a country where they face serious harm — is at the heart of international asylum law,” said Professor Julia Neller, an expert in migration law. “This case reaffirms that states cannot bypass that obligation through informal border practices.”
As migration continues to shape political debate across Europe, the German court’s decision stands as a judicial reaffirmation that border control cannot override fundamental rights. For the asylum seekers affected, it offers a long-awaited measure of recognition and, potentially, redress.
Source; Al Jazeera
