Reconsideration Necessary on Deportation Decision for a Moroccan Individual - Moroccan Deportation Issue resurfaces for OVG once more
A Moroccan individual's controversial deportation from Chemnitz, Saxony, is once again under review by the Saxony Higher Administrative Court (OVG), following a decision by the Federal Constitutional Court. The OVG's ruling from July 2024, which led to the man's deportation on July 11, has been declared a violation of his fundamental rights.
The Federal Constitutional Court in Karlsruhe will overturn the OVG's ruling and send the case back for reconsideration, stating that the man's lawyer was denied access to critical files without sufficient grounds. Despite the lawyer's repeated requests and the Chemnitz Administrative Court's urgent ruling to suspend the deportation, the federal police proceeded with the process.
In the aftermath, the OVG ruled that the man should not be returned, but he was already deported. The Saxony Refugee Council deemed the denial of access to the files a scandal, prompting a serious attack on the rule of law. The Council's lawyer, Inga Stremlau, recommended a swift reinstatement of the individual or accelerated visa proceedings.
Germany's courts typically handle deportation cases through the Administrative Court as an initial point of contact, moving on to the Higher Administrative Court, and finally, the Federal Constitutional Court for larger legal concerns. This particular case underscores the importance of court orders being followed in such matters.
Community policy should ensure that lawyers are granted access to critical files during vocational training and court proceedings, to uphold justice and adhere to the rule of law in matters of migration and politics. This case, involving a Moroccan individual's deportation, highlights the need for a thorough review of the general-news regarding vocational training for administrative court judges on the importance of adhering to court orders.
