BERLIN, Germany – A German court said Monday that the government unlawfully turned back asylum-seeking migrants at the border, after three Somali nationals attempted to enter the country from the Polish frontier.

The two men and the woman were stopped at the train station in Frankfurt an der Oder, located on Germany’s eastern border, on the grounds that they had entered from a “safe third country,” according to a statement from the court.

The decision could pose an obstacle to the tough migration policy pursued by German Chancellor Friedrich Merz and his right-wing coalition, who came to power in February promising strict measures that have raised concerns among Germany’s neighboring countries.

According to broadcaster RBB, citing a court spokesperson, this is the first case of its kind since Merz took office.

“Unlawful” return 

“The return of the individuals who had applied for asylum was unlawful,” the Berlin court said, adding that their claims should have been formally assessed in Germany, in accordance with the European Union’s Dublin Regulation, which determines the country responsible for processing asylum applications.

“However, the applicants did not have the right to cross the border and enter the Federal Republic of Germany directly,” the court added, noting that the claims could have been processed at the border or nearby.

Migration is one of the most pressing concerns for German voters, and growing tensions over new arrivals have fueled support for the far-right Alternative for Germany (AfD) party, which came second in February’s general election.

This marks a sharp shift from Germany’s former “Refugees Welcome” stance under former centrist chancellor Angela Merkel during the 2015 European refugee crisis.

In May, the Merz government issued an order banning undocumented migrants — including asylum seekers — from entering the country.

Opposition criticism

The court’s decision was swiftly welcomed by the opposition Green Party, which said the ruling confirms their view that Merz’s strict migration policy is legally unenforceable.

“This is a serious defeat for the federal government, and a warning that the law must be upheld and that state powers should not be used for political gain,” said Green Party MP Irene Mihalic, speaking to the Rheinische Post.

Interior Minister Alexander Dobrindt said last week that he hoped the European Union would reach a broad agreement allowing member states to transfer rejected asylum seekers — who cannot be sent back to their home countries — to nearby “safe” countries.

Karl Kopp, executive director of the migrant rights organization Pro Asyl, told the Rheinische Post: “Dobrindt’s unlawful and unilateral asylum policy has failed. This mistake must be corrected.”

He called for the three Somali individuals to be allowed to return to Germany.

The European Commission last month proposed a plan that would allow EU member states to reject asylum claims from migrants who crossed through a “safe third country.”

The plan — strongly criticized by human rights organizations — has yet to receive approval from EU member states or the European Parliament.