Deported Yazidi Family Denied Right of Re-entry by Court
In a shocking turn of events, a Yazidi family consisting of four minor children was deported from Germany to Iraq on July 22, 2023, despite ongoing legal challenges to their removal. The family had lived in Germany for several years before their sudden and contentious expulsion.
The legal basis for the deportation was a March 2023 decision by the Federal Office for Migration and Refugees (BAMF) that rejected their asylum claim as "manifestly unfounded." The Potsdam Administrative Court, in a ruling made in late July, dismissed the family's appeal against this decision, deeming the deportation lawful.
However, controversy arose when the deportation was carried out despite an active court order that had temporarily suspended the family's removal. This violation of the judicial decision has sparked political and humanitarian debates.
The Yazidi community, a religious minority, has been targeted by the terrorist militia Islamic State (IS) in Iraq. In 2023, the German Bundestag recognised the crimes committed by IS against the Yazidis as genocide. The refugee aid organization Pro Asyl has criticised Germany's deportation practice, calling for a halt to the deportations of Yezidi women and men from Iraq.
Politicians from the SPD, Greens, and the Left have demanded the return of the family. Leonie, a 13-year-old student, read a letter to Interior Minister René Wilke (independent) demanding the family's return. A school class has also presented a petition and a protest letter to the President of the State Parliament, Ulrike Liedtke, with the same demand.
Interior Minister Wilke has announced his intention to bring the family back quickly, but a legal basis is required. For a return to Germany to occur legally, the family would need either a successful legal appeal or court reversal showing unlawful deportation or valid asylum/protection entitlement, or a governmental policy change halting deportations and allowing safe re-entry and resettlement in Germany.
Despite the court's ruling, the case has been subjected to a critical review by Minister President Dietmar Woidke (SPD). However, the court's decision is final, according to a court spokesman. The court does not find sufficient indications of current group persecution of Yezidis, nor does it see any significant individual threat such as persecution by IS.
As the debate continues, around 35,000 people have signed a petition on the Change.org platform, demanding the return of the family. The future of the Yazidi family remains uncertain, as they face an uphill battle to secure a legal basis for their return to Germany.
[1] Source: Potsdam Administrative Court decision, July 2023 [2] Source: Court order temporarily suspending the family's removal, July 2023 [3] Source: Interior Ministry statement on the family's deportation, July 2023 [4] Source: Pro Asyl statement on Yazidi deportations, July 2023 [5] Source: Brandenburg State Government statement on Yazidi deportations, July 2023
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