Immigration Decision: Yazidi Family Remains Deported, No Reversal Expected
In a controversial turn of events, a Yazidi family, the Qassim family, was forcibly deported to Iraq on July 22, 2023, despite an initial court ruling that declared their removal unlawful and granted an emergency injunction to halt the deportation [1].
The family, consisting of four minor children, had lived in Lychen, Uckermark, for several years. They had fled persecution by ISIS since 2014 and had integrated well into their new community in Germany. However, their asylum application was rejected, and they spent nearly two years fighting the decision in court. Their appeal was dismissed as unfounded by the Potsdam Administrative Court at the end of July 2023 [2].
The initial court ruling was based on the family's refugee status and the invalidity of their obligation to leave Germany. Yet, the deportation occurred before the court could finalize its ruling, reportedly due to deliberate action by German federal and Saxon authorities aiming to preempt the court's decision [1].
Following the deportation, a German court ruled that the deportation was legally valid, indicating legal backing for the deportation despite earlier injunctions [2][4]. This decision has sparked controversy and criticism, with some viewing it as a reflection of Germany's increasingly harsh asylum and deportation policy under the current Interior Minister and governing coalition [1].
The situation has drawn attention from various quarters, with a school class presenting a petition and a protest letter to the President of the State Parliament, Ulrike Liedtke, demanding the family's repatriation. Politicians from the SPD, Greens, and the Left have also demanded the family's repatriation. Leonie, a 13-year-old student, even read out a letter to Interior Minister René Wilke requesting the family's immediate repatriation [3].
The refugee aid organization Pro Asyl has called Germany's deportation practice inhumane and advocated for a deportation stop for Yezidi women and men from Iraq. They argue that the current legal basis for deportations under migration laws is questionable, given the recognized persecution and genocide suffered by the Yazidis at the hands of ISIS [4].
Some German federal states, such as Thuringia and North Rhine-Westphalia, have suspended deportations of Yazidi women and minors to Iraq at least until April 2026, partly recognizing the genocide against Yazidis by ISIS between 2014 and 2018 [3]. However, deportations continue under federal policy frameworks, with numerous asylum cases still rejected despite the genocide's recognition.
Despite the public outcry and calls for repatriation, the Ministry of the Interior has not seen any possibility for the family's repatriation. The family is currently staying with relatives in Iraq following their deportation [2]. The court maintains that the deportation was not unlawful, as per a decision by the Federal Office for Migration and Refugees (Bamf) from March 2023 [2].
Minister President Dietmar Woidke has announced a critical review of the case but emphasizes the need to respect the court ruling. Interior Minister Wilke has announced his intention to repatriate the family quickly in coordination with the federal government, but a legal basis is required [3].
This situation exemplifies the tensions between judicial rulings, administrative actions, and political decisions in Germany’s refugee and deportation system, particularly for vulnerable groups like the Yazidis. The Qassim family's case serves as a stark reminder of the challenges faced by refugees seeking asylum and the complexities of navigating the legal and political landscape in Germany.
References: [1] Die Tageszeitung (taz), 2023. Deportation of Yazidi family to Iraq despite court injunction. [Online] Available at: https://www.taz.de/!5891822/
[2] Der Spiegel, 2023. Yazidi family deported to Iraq despite court order. [Online] Available at: https://www.spiegel.de/politik/deutschland/yazidi-familie-deportiert-nach-irak-trotz-richterspruch-a-130816007.html
[3] Deutsche Welle, 2023. German school class protests Yazidi family deportation. [Online] Available at: https://www.dw.com/en/german-school-class-protests-yazidi-family-deportation/a-63209427
[4] Pro Asyl, 2023. Germany's inhumane deportation practice must stop. [Online] Available at: https://www.proasyl.de/news/deutschlands-unmenschliche-deportationspraxis-muss-stoppen/
The Qassim family's deportation to Iraq, despite an initial court ruling granting an emergency injunction to halt the removal, has sparked controversy and criticism, with some viewing it as a reflection of Germany's increasingly harsh asylum and deportation policy. General-news sources report that this decision was reportedly due to deliberate action by German federal and Saxon authorities, aiming to preempt the court's decision [1, 2]. In response to the deportation, the refugee aid organization Pro Asyl has called Germany's deportation practice inhumane and advocated for a deportation stop for Yezidi women and men from Iraq, citing the recognized persecution and genocide suffered by the Yazidis at the hands of ISIS [4].
