The case highlights tensions at the Polish-German border and raises questions over EU asylum procedures.
On June 2, the Administrative Court in Berlin issued a final, expedited ruling in a May 9 case involving three Somalis who had repeatedly attempted to cross the border but were returned to Poland.
The ruling aligns with the position of the Polish government, according to the Polish daily Gazeta Wyborcza. The tribunal found their deportation unlawful.
Przełomowy wyrok zapadł w Sądzie Administracyjnym w Berlinie. Dotyczy trojga Somalijczyków, którzy kilkukrotnie...
Opublikowany przez Gazeta Wyborcza Czwartek, 5 czerwca 2025
The Somalis - two men and one woman - were traveling by train through Poland to Germany and were detained in Frankfurt an der Oder. German authorities deported them the same day despite their request for asylum.
The court ruled the deportation unlawful, emphasizing that such action could only take place after a formal verification procedure.
In its judgment, the court noted that federal police had failed to provide convincing evidence of any threat posed by allowing the asylum seekers to enter Germany.
Political impact of court decision
The Opportunity Institute for Foreign Affairs, an independent think tank complementing Poland’s policy landscape, describes the ruling as both a legal victory for the asylum seekers and a political opportunity for mainstream parties in Germany.
They warn it may prompt institutional reforms, increased scrutiny of judicial independence, and heightened tensions with Poland.
The decision could also strengthen far-right parties and pressure lawmakers in the Bundestag to tighten asylum laws.
Backlash against judges following ruling
Following the ruling, judges involved have reportedly faced insults and threats.
A joint statement released on Thursday by the Berlin Regional Association of Judges (DRB Berlin) and the Association of Administrative Judges in Berlin (VRiV Berlin) said these reactions highlight growing tensions over migration policies and judicial independence, Deutsche Welle reported.
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Source: Gazeta Wyborcza/Deutsche Welle/X/@OppFoundation