OVG once more needs to handle the expulsion of a Moroccan individual. - Moroccan Deportation Problem Faces OVG for Second Time Around
The Higher Administrative Court (OVG) in Saxony has been called upon to reevaluate the contentious deportation of a Moroccan man from Chemnitz, following a decision by the Federal Constitutional Court. The OVG's initial ruling in July 2024 was found to have infringed upon the man's fundamental rights. The subsequent OVG ruling will be overturned, and the case will be sent back for reconsideration.
On July 11, the man was deported to Morocco, a move that faced criticism from politicians who argued that an urgent injunction by the Chemnitz Administrative Court halting the deportation was not communicated to the federal police, thus allowing the process to continue.
A few days after the deportation, the OVG determined that the man did not need to be returned. Legal proceedings also revolved around the denial of access to files that the man's lawyer had requested. The Federal Constitutional Court has now ruled that the OVG denied the complainant's access to the files without valid reasons.
The Saxon Refugee Council described the denial of access to the files as a scandal, stating it represented a serious breach of the rule of law. The lawyer for the affected person had continually requested access to the files and insisted on the implementation of the court's ban. Nevertheless, the man was deported.
"Given the significant violations of fundamental rights, prompt restitution would be appropriate, preferably in the form of an expedited return of the affected individual. If immediate return is not possible, we suggest an uncomplicated and quick visa process," the Refugee Council, quoting lawyer Inga Stremlau, recommended.
- Deportation
- Migration
- Chemnitz
- Federal Constitutional Court
- Karlsruhe
- Administrative Court
- The denial of access to the files in the case of the Moroccan man's deportation from Chemnitz, despite repeated requests by his lawyer, has been criticized as a breach of the rule of law by the Saxon Refugee Council, and is currently under reevaluation by the Higher Administrative Court in Saxony following a decision by the Federal Constitutional Court in Karlsruhe.
- As migration continues to be a contentious issue in politics, the Refugee Council recommends prompt restitution for individuals like the Moroccan man, with an expedited return or a quick visa process, given the significant violations of fundamental rights that occurred during his deportation from Chemnitz.
