Administrative Court of Gelsenkirchen, November 22, 2019, Case No. 17a K 2746/18.A
Many people fleeing to Europe are first granted international protection status at the external borders of the EU. However, they may not remain in the outer EU member states like Greece, but move on to Central Europe. Whether a refugee is granted asylum or a residence permit is determined in Germany, among other things, by the Asylum Act (AsylG) and the Residence Act (AufenthG). These also regulate how to proceed with persons who, after official examination, do not obtain a residence title. They are then required to leave Germany within a set deadline. If they do not comply with this request, they face deportation to their home country or the country in which they were granted international protection status. In certain cases, however, deportation may be excluded. § 60 AufenthG lists constellations in which a deportation ban applies. For example, deportation must not violate human rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). If the living conditions in the country to which the person is to be deported are too poor for the deported person, a deportation ban may apply.
In the following judgment, the Administrative Court of Gelsenkirchen (VG Gelsenkirchen) has made it clear that the deportation of a family to Greece would not be in accordance with human rights given the current living conditions for refugees there.
Introduction: Dispute over deportation ban to Greece
In the present case, a Syrian family and the Federal Office for Migration and Refugees (BAMF) are disputing whether a deportation ban to Greece must be determined. The plaintiffs, a family of six, had already obtained international protection in Greece, but applied for asylum in Germany, which was rejected by the BAMF.
Background: Escape and asylum application in Germany
The Syrian family fled their home country in 2016 and received international protection in Greece in 2017. With this residence permit, they traveled to Germany and applied for asylum there, which the BAMF rejected in May 2018. The BAMF justified the rejection with the protection already granted in Greece and saw no deportation ban under § 60 AufenthG.
Legal action against BAMF decision
The family sued against the BAMF decision and argued that deportation to Greece would constitute inhuman or degrading treatment within the meaning of Art. 3 ECHR due to the living conditions there. The precarious situation in Greece, the inadequate medical care and the threat of homelessness were cited as justification.
Court decision: Deportation ban established
The Administrative Court of Gelsenkirchen upheld the lawsuit and determined that a deportation ban under § 60 V AufenthG exists. It justified this with the extreme material distress to which the family would be exposed in Greece, in particular due to the inadequate accommodation options and the lack of state support.
Special consideration of vulnerable groups
The court emphasized that special protective measures must be taken for vulnerable groups such as minors. Since these conditions are not guaranteed in Greece, deportation would expose the children of the family to an existential danger.
Conclusion: Judicial confirmation of the deportation ban
The court ruled that deporting the family to Greece would constitute a violation of Art. 3 ECHR and overturned the BAMF decision. This granted the family a deportation ban under § 60 V AufenthG.
Source: Administrative Court of Gelsenkirchen
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