The policy was brought in on May 7, just a day after conservative Chancellor Friedrich Merz and his cabinet took office with a promise to crack down on irregular migration.
Despite this, Interior Minister Alexander Dobrindt said hours after the judgement that “we will continue with the pushbacks”, adding that “we think we have the legal justification for this”.
They expressed their wish to claim asylum in Germany but were sent back to Poland the same day.
However, the court also ruled that “the petitioners cannot demand to be allowed into” Germany.
The court rejected the government’s argument that the Dublin procedure could be disregarded if this is necessary to “keep public order and protect domestic security”.
Dobrindt insisted that Monday’s judgement only had a direct impact in the “individual case” of the three Somali complainants.
However, it is unclear whether this is legally possible given that the court said Monday’s decision was final.
Irritated neighbours
This was despite worries voiced by some in his coalition’s junior partner, the centre-left Social Democrats (SPD), that the policy was not legally sound.
According to the interior ministry, more than 2,800 people have been denied entry to Germany in the first two weeks of the new policy being applied, including 138 people who wanted to claim asylum.
That vote saw the far-right Alternative for Germany (AfD) score its best-ever result of just over 20 percent and Merz insists that action on migration is the only way to halt the party’s growth.
On Monday a foreign ministry source confirmed that the French embassy in Berlin had sent the German government a letter demanding clarity on Germany’s migration policy.
It also wants to abolish a measure brought in under the previous government which enables people to apply for German citizenship after three years if they can prove they are exceptionally well-integrated into German society.
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