Deported Yazidi Family Denied Reentry to Court
In a controversial decision, a German court has ruled that an Iraqi-deported Yazidi family, who have been living in Germany for several years, will not be allowed to return. The family, consisting of four minor children, had been trying to fight the rejection of their asylum application in court for about two years, but to no avail.
The Federal Office for Migration and Refugees (BAMF) deemed the family subject to deportation in a decision made in March 2023. Despite court rulings and political appeals, the German courts ruled their deportation lawful, concluding there were no grounds to reverse it. The courts found the family’s protection claim "manifestly unfounded," did not recognize sufficient individual persecution or a significant current threat to Yazidis, and that the deportation order was enforceable prior to an emergency appeal that came too late to prevent their removal.
The Potsdam Administrative Court refused to order Germany to take them back in an urgent procedure. Though the family's deportation occurred on the same day that the court suspended their obligation to leave due to an urgent application, it was too late to prevent their removal. The court's decision to refuse the family’s return is final.
Politicians from several parties, including the SPD, Greens, and Left party, have demanded the return of the family, citing their persecution history and the German Bundestag’s recognition of the IS genocide against Yazidis in 2016. However, the German government and courts have emphasized adherence to legal rulings and migration policies, with authorities proceeding with deportations before the last-minute court injunctions could take effect.
The refugee aid organization Pro Asyl considers Germany’s deportation practice inhuman and calls for a stop to the deportation of Yezidi women and men from Iraq. Around 35,000 people have signed a petition on the Change.org platform in support of the family's return.
Minister President Dietmar Woidke (SPD) has announced a critical review of the case, but refers to the fact that the court ruling must be accepted. Interior Minister Wilke had announced that he wants to bring the family back quickly in coordination with the federal government, but a corresponding legal basis is required.
Despite the setback, the family is currently with relatives in Iraq. A 13-year-old Leonie read out a letter to Interior Minister René Wilke (independent), urging him to bring the family back quickly. A school class has presented a petition and a protest letter to the President of the State Parliament, Ulrike Liedtke, for the family’s return.
The situation has generated significant controversy and political pressure, with many calling for the family’s return. However, the legal timing issues, strict interpretations of asylum law, and the court’s assessment that ongoing individual or group persecution was insufficient explanation under current law have led to the denial of the family’s return despite humanitarian concerns and political advocacy.
In this charged political climate, the ongoing debate over the controversial deportation of a Yazidi family has sparked widespread outrage and calls for action from various political parties. Despite humanitarian concerns and political appeals, including a critical review appointed by Minister President Dietmar Woidke (SPD) and a petition signed by over 35,000 individuals, adherence to legal rulings and migration policies continues to guide the German government's stance on the issue, delaying the family's potential return. The courts and interior authorities have emphasized these legalities while addressing issues related to war-and-conflicts, politics, general-news, and crime-and-justice.
