Deportation of Yazidis remains permissible
In recent times, the German government has faced criticism for its approach to Yazidi asylum seekers from northern Iraq. Despite the horrific genocide perpetrated by ISIS against the Yazidi community, many Yazidis have been deported back to Iraq.
The Federal Office for Migration and Refugees (BAMF) has been at the centre of this controversy. BAMF, which makes decisions on a case-by-case basis, has classified many Yazidis as economic migrants rather than members of a persecuted minority. This classification has enabled the legal deportation of Yazidis despite public outcry.
Under the 2025 Merz government, deportations have increased significantly, with over 11,800 deportations in the first half of 2025, including Yazidi families returned to Iraq. Courts such as the Potsdam Administrative Court have upheld these deportations, denying emergency requests for reentry on the grounds that plaintiffs failed to demonstrate "individual persecution" or sufficient ongoing threat in Iraq.
However, the Hardship Commission in Germany functions as a body that assesses humanitarian grounds to potentially prevent deportations. The Commission evaluates cases individually and may recommend staying deportations for humanitarian reasons, such as trauma or family ties. However, its decisions can be overridden by administrative and judicial rulings supporting removal.
The current deportation of a Yezidi man is suspended because the case is pending before the Hardship Commission. The Minister of Justice, Marion Gentges (CDU), has stated that there is no obstacle to deporting the Yezidi man from northern Iraq, according to official guidelines.
It is important to note that BAMF's decision binds the state's immigration authorities, according to Minister Gentges. Deportation of Yezidi women and men is not banned, according to BAMF.
Some German states have attempted to limit deportations of Iraqi Yazidis amid rising anti-refugee sentiment and tighter immigration policies. However, federal policy generally enforces deportations unless the Hardship Commission grants exceptions on humanitarian grounds.
In summary, the German government's current approach to Yazidi asylum seekers from northern Iraq emphasizes strict migration enforcement, with limited recognition of their persecution status. The Hardship Commission serves as a humanitarian intermediary that can influence but not guarantee protection against deportation.
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The German government's policies and legislation surrounding Yazidi asylum seekers from northern Iraq are under scrutiny, as many have been classified as economic migrants instead of a persecuted minority by the Federal Office for Migration and Refugees (BAMF). [Policy-and-legislation]
Courts, such as the Potsdam Administrative Court, have upheld BAMF's decisions, denying emergency reentry requests on the grounds that plaintiffs failed to demonstrate "individual persecution" or ongoing threat in Iraq. [General-news, politics]
