The Munich Administrative Court has ruled against deporting two Turkish asylum seekers to Croatia, citing concerns over the safety and rights of refugees in the country.
The court’s decision, initially made in February 2024, has set the stage for a new legal review beginning this week.
The two men, who arrived in Bavaria in August 2022, were earmarked for deportation to Croatia under the EU’s Dublin Regulation, which requires asylum seekers to be processed in the first EU country they enter.
As reported by Junge Freiheit, the Federal Office for Migration and Refugees (BAMF) had previously rejected their asylum applications, ordering their transfer to Croatia. However, the Munich Administrative Court deemed this move “unreasonable,” citing the lack of “effective legal protection against humiliating or inhumane treatment by the Croatian police.”
The court raised a plethora of concerns about Croatia’s asylum procedures, identifying alleged systemic defects that could jeopardize the rights of asylum seekers. Its primary concern was that the Turkish nationals could subsequently be deported from Croatia back to Bosnia-Herzegovina where the duo are believed to have entered from.
Government lawyers argue that Croatia is a fully-fledged member of the European Union, while Bosnia-Herzegovina is a candidate country eyeing full membership. By definition, they should be considered safe for the return of failed asylum seekers.
Acknowledging the broader implications of the case, the Bavarian Administrative Court (VGH) has allowed an appeal. The case is now being reviewed in Ansbach, with proceedings scheduled for Jan. 27, 2025.
The review will be conducted at a time when the issue of asylum and migration is particularly sensitive politically.
Germans head to the polls for federal elections on Feb. 23 and migration is a major talking point. The opposition Christian Democratic Union (CDU) and the Alternative for Germany (AfD) are expecting to become the two largest parties in the Bundestag, and both have committed in the election campaign to implement sweeping asylum reforms to crack down on illegal entries and ensure swift deportations for failed asylum seekers.
Any new coalition government, however, could find itself on a collision course with the judiciary should the courts continue to hinder returns.
This isn’t unique to Germany, however. The right-wing Italian government has encountered similar problems with Deputy Prime Minister Matteo Salvini accusing “left-wing activist judges” of thwarting attempts by Giorgia Meloni’s administration to protect the borders.
Similarly, the U.K. has regularly seen its courts strike down plans to tackle illegal immigration, including the denouncing of plans by the previous Conservative government to send illegal migrants to processing centers in Rwanda.
