THE AFRICAN COURIER. Reporting Africa and its Diaspora! The African Courier is an international magazine published in Germany to report on Africa and the Diaspora African experience. The first issue of the bimonthly magazine appeared on the newsstands on 15 February 1998. The African Courier is a communication forum for European-African political, economic and cultural exchanges, and a voice for Africa in Europe.
Germany’s recent policy of turning back asylum-seekers at its borders has been dealt a legal blow, following a landmark ruling by the Berlin Administrative Court. The court decided that the rejection of three Somali nationals at the German-Polish border was unlawful, affirming that asylum-seekers must be processed according to EU law, specifically the Dublin Regulation.
The case involved two men and a woman from Somalia who arrived by train from Poland on 9 May. Despite declaring their intention to seek asylum in Germany, they were immediately returned to Poland by German federal police under new orders issued by Chancellor Friedrich Merz’s conservative-led coalition government.
The court ruled that such pushbacks circumvent legal procedures and violate the right to seek asylum. It emphasized that anyone expressing the desire to apply for asylum on German soil must first undergo a proper Dublin examination to determine which EU country is responsible for the claim. In this instance, the immediate deportation to Poland was deemed unlawful.
The ruling presents a major challenge to the Merz administration, which came to power in February 2025 with a hardline stance on migration. Interior Minister Alexander Dobrindt has since introduced stricter border controls and instructed police to reject migrants without initiating asylum procedures, especially if they crossed from “safe third countries.”
Despite the court’s decision, Merz and Dobrindt have pledged to continue with the controversial policy, arguing that there is still legal leeway. “We will maintain our course within the framework of European law to protect public safety and prevent overburdening the system,” Merz declared.
The decision has triggered intense political debate. The opposition Greens condemned the government’s unilateral actions, accusing it of populism and legal overreach. “This ruling shows the Merz government is violating European and German asylum law,” said Green MP Irene Mihalic.
Migrant rights groups have also applauded the court’s verdict. Karl Kopp of Pro Asyl called it a “clear rejection of illegal border practices,” and migration expert Gerald Knaus warned that continuing the policy could lead to further legal defeats, even at the European Court of Justice.
Meanwhile, the far-right AfD criticized the ruling, claiming it undermines Germany’s security and sovereignty. The party’s rhetoric echoes growing anti-migrant sentiments that Merz’s policies were designed to appease.
As legal and political tensions rise, the future of Germany’s border policy remains uncertain — with potential ramifications for thousands of asylum seekers, many of them Africans, hoping to find refuge in Europe’s largest economy.
Sola Jolaoso
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