Deported Yazidi family denied reentry to their home country by court ruling.
In a move that has sparked widespread controversy, Germany has recently enforced the deportation of a Yazidi family back to Iraq, despite claims of persecution and genocide by the Islamic State (ISIS).
The family, who had lived in Lychen, Uckermark for several years, were deported on July 22, 2023, following a decision by the Potsdam Administrative Court that dismissed their lawsuit against the rejection of their asylum application as unfounded. This decision came after the German Bundestag recognized the crimes committed by IS as genocide in 2023.
The court's ruling maintains that the applicants are not entitled to protection, as they do not show sufficient indications of individual persecution. The court also does not consider that the plaintiffs have suffered such persecution, nor does it see any significant group persecution of Yazidis in Iraq.
This decision is not unique. Courts have upheld the legality of similar deportations, rejecting asylum claims on the grounds that the families do not face individual persecution warranting protection, and categorizing them as economic refugees.
The German government's strict migration policy has been a point of contention, with officials maintaining that persons without a right of residence must leave, even when families' homes were destroyed and relatives killed by ISIS.
Opposition to these deportations has emerged within Germany, particularly from left-leaning political parties like the Greens, who argue Yazidis face genuine threats and demand the deportations be halted. A school class even presented a petition and a protest letter to the President of the State Parliament, Ulrike Liedtke, demanding the family's return. Around 35,000 people have signed the petition on the Change.org platform.
Politicians from the SPD, Greens, and Left parties have also demanded the return of the Yezidi family. Minister President Dietmar Woidke (SPD) has announced a critical review of the case, but accepts the court ruling. Interior Minister René Wilke (independent) has announced a quick return of the family in coordination with the federal government, but a corresponding legal basis is required.
However, the court does not consider the deportation to be illegal, as per a decision by the Federal Office for Migration and Refugees (Bamf) from March 2023. The court maintains that the applicants are not entitled to protection.
Despite these decisions, the ongoing risks in Iraq, especially in Sinjar, the Yazidi homeland, remain a significant concern. The region is devastated and unsafe due to destroyed infrastructure, ongoing political instability, and lack of security. The United Nations and the German Bundestag officially recognize the IS campaign against Yazidis as genocide. Yet, Germany's current policies do not accord automatic protection for Yazidis, distinguishing legal criteria for asylum from political or humanitarian considerations.
The refugee aid organization Pro Asyl considers Germany's deportation policy inhumane and calls for a halt to the deportation of Yezidi women and men from Iraq. As the debate continues, the fate of the deported family and many others like them remains uncertain.
- The school class has presented a petition and a protest letter to the President of the State Parliament, demanding the return of a Yazidi family who were recently deported, as they fear genuine threats for Yazidis in Iraq.
- Despite the United Nations and the German Bundestag recognizing the IS campaign against Yazidis as genocide, the court maintains that the deported Yazidi family is not entitled to protection, as per Germany's current policies that distinguish legal criteria for asylum from political or humanitarian considerations.
