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OVG Again faces Moroccan Deportation Issue

Deportation of Moroccan Individual Being Handled by Federal Office for Migration and Refugees Needs Resolution

Saxon authorities face renewed criticism from the Refugee Council for their handling of a...
Saxon authorities face renewed criticism from the Refugee Council for their handling of a deportation.

OVG once more confronts the expulsion of another Moroccan individual - OVG Again faces Moroccan Deportation Issue

The Higher Administrative Court (OVG) in Saxony has been ordered to reconsider the contentious deportation of a Moroccan man residing in Chemnitz. In a recent verdict, the Federal Constitutional Court determined that the July 2024 OVG ruling infringed on the man's fundamental rights, necessitating the case's reevaluation. The OVG's ruling from July will be reversed, and the case will be resubmitted for reexamination.

On July 11, the man was deported to Morocco. Politicians expressed concern that an emergency ruling by the Chemnitz Administrative Court, which temporarily halted the deportation, was not communicated to the federal police, who proceeded with the deportation nonetheless.

A short time after the deportation, the OVG decided that the man should not be repatriated. The legal controversy also involved the denial of access to files that the man's lawyer requested. The Federal Constitutional Court concluded that the OVG unjustifiably refused the complainant's request for access to the files.

The Saxon Refugee Council deemed the denial of access to the files a scandal. They stated that the incident constitutes a significant assault on the rule of law. The lawyer representing the affected individual had repeatedly sought access to the files and advocated for the implementation of the court's injunction. Nevertheless, her client was deported.

Inga Stremlau, the affected individual's lawyer, suggested that "prompt redress would be appropriate, ideally in the form of an expedited return. If this is not immediately feasible, we at least recommend a visa procedure that is unencumbered and swift."

  • Deportation
  • Migration
  • Chemnitz
  • Federal Constitutional Court
  • Karlsruhe
  • Administrative Court
  1. The General-news topics in Chemnitz continue to evolve, with the Federal Constitutional Court in Karlsruhe ordering the Higher Administrative Court to reconsider the contentious vocational training policy related to the deportation of a Moroccan man.
  2. In light of the politics surrounding migration, the Community policy will likely face scrutiny as the case is resubmitted for reexamination, particularly the OVG's denial of access to files that hindered the man's vocational training and legal representation.

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