On May 9th, 2025, the German Federal Police investigated three Somali nationals at the Railway Station in Frankfurt (Oder) near the Polish border. During this investigation, it was discovered that the three individuals had entered the Federal Republic of Germany illegally through Poland without valid travel visas. Later that same day, the group was deported back to Poland, despite expressing their clear intention to seek asylum in Germany. In response, the Somali nationals brought legal action against the Federal Republic, challenging the circumstances under which their deportation took place. 

On June 2nd, the 6th chamber of the Berlin Administrative Court ruled in their favour, arguing that the Federal Republic’s actions constituted an unlawful act of refoulement – the forcible return of refugees or asylum seekers to a country where they may be liable to be subjected to persecution, an act which directly violates EU legislation. While the Court’s decision may not be appealed, it has renewed previous discussions around potential changes to the EU’s legal approach to immigration. Indeed, it raises serious legal questions regarding the legitimacy of German Chancellor Merz’s anti-migrant pushback policy as a whole.

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