The European General Court Wednesday dismissed a claim made by a group of Syrian refugees against Frontex, the European Border and Coast Guard Agency, which attempted to hold Frontex accountable for forcibly transferring the refugees from Greece to Turkey even though they were in the process of applying for asylum.

The claimants alleged that, by participating in the joint return operation with Greece, Frontex had violated its obligations regarding the protection of fundamental rights. Specifically, they argued that Frontex infringed the principles of “non-refoulement,” the right to asylum, the prohibition of collective expulsion, the rights of the child, the prohibition of degrading treatment, the right to good administration, and an effective remedy. The claimants stated that, but for Frontex’s actions, the refugees would not have been returned to Turkey and would therefore have been able to obtain international protection.

The Court, however, held that “since Frontex does not have the power to assess the merits of return decisions or applications for international protection, that EU agency cannot be held liable for any damage related to the return of those refugees to Türkiye.”

Frontex has increasingly been criticized for its participation in human rights abuses concerning migrants, as well as for the lack of transparency with which it operates.

The Court in its ruling, however, stated that “As regards return operations, Frontex’s task is only to provide technical and operational support to the Member States. However, it is the Member States alone that are competent to assess the merits of return decisions and to examine applications for international protection.”