Deported Yazidi family denied chance to return to their home country by court decision
In a contentious decision, the Administrative Court of Potsdam dismissed the Yazidi family's appeal against the rejection of their asylum application, ruling the deportation lawful based on a prior decision made by the Federal Office for Migration and Refugees (BAMF) in March 2023 [1][5].
The family, who had been living in Lychen, Uckermark, for several years, were deported to Iraq on July 22, 2023. The court maintains that the applicants do not have any protection rights and does not assume that the family suffered individual persecution [2].
However, many politicians and advocacy groups argue against the deportation. They highlight Germany's formal recognition of ISIS atrocities against Yazidis as genocide in 2023 and the unsafe conditions remaining in Sinjar, Iraq, the family's homeland. Ongoing insecurity, destroyed infrastructure, and lack of effective government support make return dangerous, especially for genocide survivors and their families [1][3][4].
Center-left parties like the Greens, Social Democrats, and the Left Party have called for the family’s return and a moratorium on Yazidi deportations, urging Germany to uphold moral responsibilities and international protection commitments [1][3][4].
The disagreement between the court and politicians revolves around legal interpretations of asylum status and safety concerns in Iraq. While the court and BAMF apply strict legal standards, focusing on current security assessments and asylum law, politicians and human rights organizations emphasize humanitarian, historical, and safety considerations, deeming the deportations premature and harmful [1].
The conflict was exacerbated by a temporary court order halting removal, which was lifted by the court on the day of deportation due to an urgent application [6]. This decision did not play a further role in the current decision.
The German Bundestag and Interior Minister René Wilke (independent) have acknowledged the gravity of the situation. Wilke announced that he wants to bring the family back quickly in coordination with the federal government, but a corresponding legal basis is a prerequisite for this [7]. Minister President Dietmar Woidke announced a critical review of the case, but referred to the fact that the court decision must be accepted [8].
A school class has campaigned for the repatriation of the family, presenting a petition and a protest letter to the President of the State Parliament. As of now, around 35,000 people have signed a petition on the Change.org platform [9]. A 13-year-old girl named Leonie read out a letter to Minister Wilke, urging him to quickly bring the family back [10].
The Yezidi family, consisting of four minor children, is currently staying with relatives in Iraq. Despite the ongoing dispute, the court's decision is final, as confirmed by a court spokesman [2].
References: 1. HuffPost Germany 2. Deutsche Welle 3. Tagesspiegel 4. Der Spiegel 5. BAMF decision 6. Sueddeutsche Zeitung 7. Interior Minister Wilke statement 8. Minister President Woidke statement 9. Change.org petition 10. Berliner Morgenpost
- The controversy surrounding the Yazidi family's deportation extends beyond the Administrative Court of Potsdam's decision, as many politicians and advocacy groups argue against the policy-and-legislation regarding Yazidi deportations, citing historical, humanitarian, and safety concerns.
- In the realm of general-news, center-left parties like the Greens, Social Democrats, and the Left Party have called for a moratorium on Yazidi deportations, urging Germany to abide by moral responsibilities and international protection commitments.
