Federal Constitutional Court | Deportation of a Moroccan is unconstitutional

The case of Mehdi N. was not the only one for which Saxony's deportation practices in general, and those in Chemnitz in particular , have come under criticism. The then 34-year-old was deported to his country of origin, Morocco, on July 11 of last year, despite the Chemnitz Administrative Court's emergency ruling that the return must be suspended. N. is married to a German citizen and the father of one child. The court ruling at the time stated that the man's family ties in Germany made deportation "impossible."

Because the Saxon authorities did not inform the federal police officers, who had already taken Mehdi N. to Frankfurt am Main to put him on a plane, about the court order, the repatriation was carried out.

Now the Saxon Higher Administrative Court (OVG) in Bautzen must reconsider the case. The Federal Constitutional Court ruled that a July 2024 ruling by the Higher Administrative Court violated the man's fundamental rights, the Saxon Refugee Council announced on Tuesday. The Karlsruhe ruling states that the Higher Administrative Court's ruling will be overturned, and the case will be referred back to the Higher Administrative Court for a new decision. A few days after the deportation, the Higher Administrative Court ruled that Mehdi N. did not need to be returned. It thus overturned a July 16 ruling by the Administrative Court. In that ruling, the court had ordered the immigration authorities and the Free State of Saxony to allow Mehdi N. to re-enter the country within seven days at the defendants' expense, since the deportation, contrary to the preliminary injunction, was "manifestly unlawful."

The Higher Administrative Court amended this decision on July 22 following an appeal by the immigration authorities. It rejected the request by Mehdi M.'s lawyer, Inga Stremlau, for her client's re-entry and for access to the files. The Federal Constitutional Court also ruled that the refusal to grant access to the files was made without providing "valid reasons." The Karlsruhe Chamber also expressly confirmed the complainant's view that the deportation violated Article 6, Paragraph 1 of the Basic Law, which places marriage and family under the "special protection of the state order."

Inga Stremlau commented on the Karlsruhe ruling: "Given the significant violations of fundamental rights, prompt redress is warranted, ideally in the form of an expedited repatriation of the person concerned. If this is not possible immediately, we at least suggest a visa procedure that is carried out quickly and without red tape." dpa/nd