The recent deportation of an Afghan asylum seeker in Germany may likely have been illegal, with an appeal still pending in the case. The state government blames the Federal Office for Migration and Refugees, BAMF, for the incident.
According to German media reports, a 20-year-old asylum from Afghanistan should not have been deported, as the conclusion of his case was still pending.
Nasibullah S. lodged his asylum application in December 2015, which was rejected by the Federal Office for Migration and Refugees (BAMF) in February 2017. Nasibullah S. launched an appeal which was still being processed when he was picked up by police and deported alongside 68 other Afghan nationals earlier in July.
The spokesman of the court processing his appeal told the German regional broadcaster NDR that "due to the ongoing asylum process there should have been no deportation" in Nasibullah S.' case. Documents seen by NDR reportedly imply that BAMF officials as well as the local Foreigners' Registration Authority had presumed the earlier judgment to be the final word in the case and thus proceeded with the deportation.
Bamf in crosshairs again
The interior ministry of the state of Mecklenburg-West Pomerania, where Nasibullah S. had resided, meanwhile expressed that it found the mistake regrettable while blaming BAMF for supplying wrong or incomplete information. BAMF has not reacted to the allegation so far.
Nasibullah S.' lawyer meanwhile lodged an application to have her client returned to Germany so the courts can finish processing his appeal and make a final decision.
Seehofer criticized for crude remark
Nasibullah S. was one of the 69 deportees to Afghanistan whom German Interior Minister Horst Seehofer had slurred in remarks on his birthday, saying that 69 failed asylum seekers were deported to Afghanistan on his 69th birthday:
"Exactly 69 were taken back to Afghanistan on my 69th birthday – it wasn't on my orders," Seehofer said earlier this month. One of those deported committed suicide upon his return to Afghanistan.
Germany has returned a large number of rejected asylum seekers to Afghanistan over recent weeks, provoking anger in Kabul, where officials maintain that there is an agreement with Germany on an upper limit of 50 passengers per flight.