The Potsdam Administrative Court has rejected an emergency application by a Yazidi family seeking reentry to Germany after their deportation to Iraq. The decision has sparked political debate and public controversy, particularly around whether the deportation violated legal protections for survivors of the genocide perpetrated by the “Islamic State” (IS) militant group.
What Did the Court Decide About the Yazidi Family?
The court ruled that there were no grounds to reverse the deportation, affirming the legality of the family’s removal under a March 2023 decision by the Federal Office for Migration and Refugees (BAMF). The BAMF had deemed the family’s protection claim as “manifestly unfounded” and found no legal obstacle to their deportation.
The court emphasized that the deportation order had been enforceable since March 2023. The ruling also clarified that an earlier order, issued on July 22 to suspend the family’s deportation after an emergency appeal, was not relevant since it came after the deportation was already completed.
In its Thursday decision, the court argued that the Yazidi family had not experienced “individual persecution” and that there was insufficient evidence of current group persecution of Yazidis. It also stated that there was no significant individual threat, including from IS.
Why Is the Yazidi Family’s Case Controversial?
The case has raised significant concerns due to the family’s background as members of the Yazidi minority, a group subjected to genocide by IS in 2014—a genocide recognized by the German parliament in 2023. The family, consisting of two parents and four children, had been living in Lychen, Brandenburg, for several years, with the children integrated into local schools.
Their deportation was part of a charter flight from Leipzig to Baghdad, which initially was claimed to carry only single men with criminal records. However, it was later revealed that the Yazidi family was also on board, leading to public outcry. Brandenburg’s Interior Minister, Rene Wilke, expressed concern over the situation, urging federal authorities to work on bringing the family back if the court ruling remained valid.
The BAMF defended its decision, citing the family’s failed asylum claim and arguing that there was no recognized danger in Iraq based on current assessments.
Political and Advocacy Responses
The case has sparked widespread debate, with advocacy groups like Nadia’s Initiative warning that Yazidi families in Germany face similar deportation orders, instilling fear in the community. These groups argue that many Yazidis are still unable to return safely due to destroyed villages, ongoing insecurity, and the presence of IS remnants.
Politicians from the center-left Social Democrats, the Greens, and the Left Party have called for the family’s return, emphasizing Germany’s moral responsibility to survivors of the Yazidi genocide. These politicians have highlighted the gap between legal rulings and humanitarian considerations, urging for a reassessment of Germany’s asylum policies for communities affected by mass atrocities.
The case has reignited discussions on how German asylum policy should address the needs of communities impacted by genocide and how legal frameworks should account for humanitarian concerns, particularly when they conflict with the legal basis for deportations.
This story may be updated with more information as it becomes available.
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