Pro-Palestinian Protesters Win Court Battle, Averted Expulsion from EU Countries
Challenging EU Citizens' Deportation Ruling in Ireland - Courts Side with Irishwoman - Potential Expulsion of European Union Residents
Here's the scoop! Four individuals, hailing from the European Union and one American, have successfully defied expulsion orders issued by Berlin's city government. The Administrative Court of Berlin has twice sided with these activists, thus allowing them to remain in the city.
On April 10, the court granted an urgent application filed by an Irish EU citizen. On Tuesday, another such application met success. However, the main proceedings' decision remains pending.
This decision means that, for now, these individuals — including Shane O'Brien, the Irish citizen at the center of the second urgent application, and two other EU citizens — cannot be deported until their cases are settled. The timeline for this isn't crystal-clear yet.
The Berlin Office for Immigration had stripped the EU freedom of movement rights of two Irish citizens and a Polish citizen, and initiated expulsion proceedings against the American in March. Their actions were justified due to their participation in pro-Palestinian protests that erupted into violent incidents.
State Secretary Christian Hochgrebe of the Interior Administration specifically mentioned the violent disturbance at the Free University of Berlin (FU), which took place on October 17, 2024. During the demonstration, some masked protestors broke into a building and threatened workers.
In its decision regarding the first urgent application, the Administrative Court slammed the Berlin Office for Immigration for failing to prioritize due diligence while revoking EU freedom of movement rights. The immigration authority had apparently overlooked investigation files from the public prosecutor's office.
The other applicants have filed separate lawsuits in the Administrative Court, seeking to reverse the immigration authority's decision. Each case will be overseen by a different judge, with jurisdiction determined by the applicants' last names.
These individuals, who have attended pro-Palestinian protests, were accused of violent actions, potential antisemitism, and support for Hamas — allegations they strenuously deny. The American activist, Connor Longbottom, initially faced expulsion from Germany, and a two-year ban from entering any Schengen country.
Context Corner:The alleged violent actions took place during an occupation of the Free University of Berlin's Praesidium building, where around 40 activists forcefully entered using tools including axes, saws, crowbars, and clubs. They aimed to pull out employees[3]. Not only were the activists accused of these aggressive acts, but they also faced allegations indirectly linking them to antisemitism and support for Hamas[1].
- Despite their involvement in pro-Palestinian protests that resulted in violent incidents, four EU citizens and one American have successfully challenged expulsion orders issued by Berlin's city government, with the Administrative Court of Berlin twice ruling in their favor.
- The Irishman, Shane O'Brien, and two other EU citizens, whose EU freedom of movement rights were revoked and expulsion proceedings initiated, remain in Berlin until their cases are settled, following the court's decision on two urgent applications.
- The Administrative Court scolded Berlin's Office for Immigration for neglecting due diligence when revoking EU freedom of movement rights, as they failed to consider investigation files from the public prosecutor's office.
- Various lawsuits have been filed by the protestors seeking to reverse the immigration authority's decision over violent actions, potential antisemitism, and support for Hamas, which allegations they strongly deny.
- The General News coverage of this fractious affair has been colored by details surrounding an occupation of the Free University of Berlin's Praesidium building, where activists employed forceful entry, leading to accusations of aggressive acts, antisemitism, and links to Hamas, allegations those involved vehemently reject.
