A recent ruling by the Munich Administrative Court has blocked the deportation of two Turkish asylum seekers to Croatia, citing serious concerns about the country’s asylum procedures and potential risks of inhumane treatment.
The case, which dates back to February 2024, centers on two Turkish nationals who arrived in Bavaria in August 2022. Under the EU’s Dublin Regulation, they were set to be deported to Croatia, the first EU country they entered. However, the court intervened, calling the deportation “unreasonable” due to alleged systemic flaws in Croatia’s asylum process.
According to Junge Freiheit, the Federal Office for Migration and Refugees (BAMF) had initially rejected the asylum applications and ordered their transfer to Croatia. But the court highlighted significant risks, pointing to insufficient protections against “humiliating or inhumane treatment by the Croatian police.” It also expressed concern that the men could face further deportation from Croatia to Bosnia-Herzegovina, where they are believed to have entered the EU.
Although government attorneys argue that Croatia, as a full EU member, should be considered a safe destination for asylum seekers, the court’s decision raises broader questions about the country’s treatment of refugees. Bosnia-Herzegovina, while an EU candidate nation, also presents concerns over the safety of deported individuals.
Recognizing the potential implications of this case, the Bavarian Administrative Court (VGH) has allowed an appeal. The matter is now under review in Ansbach, with proceedings scheduled for January 27, 2025.
This case unfolds against the backdrop of growing political tensions over migration in Germany. With federal elections slated for February 23, migration has become a hot-button issue. The opposition Christian Democratic Union (CDU) and the Alternative for Germany (AfD) are expected to emerge as leading parties in the Bundestag. Both have pledged sweeping asylum reforms to curb illegal immigration and accelerate deportations of failed asylum seekers.
However, any incoming coalition government may face significant pushback from the judiciary if courts continue to block deportations.
This isn’t an isolated challenge for Germany. Italy’s right-wing government, led by Giorgia Meloni, has faced similar obstacles. Deputy Prime Minister Matteo Salvini has blamed “left-wing activist judges” for stalling the government’s efforts to secure Italy’s borders.
Likewise, the U.K. has encountered judicial resistance in its battle against illegal migration. British courts have repeatedly struck down controversial government policies, such as the plan to send migrants to processing centers in Rwanda.
As Europe grapples with migration and asylum challenges, cases like the one in Munich highlight the ongoing tension between political agendas and judicial oversight.
