Germany’s Office for Migration and Refugees must not discriminate against individual family members when assessing deportation bans, Germany’s highest administrative court has ruled. The core family - parents and children - must stay together.
The German Federal Office for Migration and Refugees (BAMF) may no longer treat individual members of the same family differently when assessing deportation bans. That’s according to a ruling by the German Federal Administrative Court from Thursday.
BAMF now needs to make assessments on the premise that families can only be deported together and not separately.
The ruling was in response to the lawsuit of an Afghan man who came to Germany in 2015 with his wife and two small children and whose request for family asylum as well as a subsequent appeal were denied. A revision of the case resulted in a deportation ban for the mother and the children, while the father received a deportation notice.
Core family must not be separated
Now, Germany’s Federal Administrative Court has ruled that such a proceeding is illegal. In the case of the Afghan family, BAMF was obligated to “determine a deportation ban for the complainant, too.”
From here on out, BAMF needs to act like each case is a “normal case,” meaning that members of “positively lived core families” return with their families or not at all, the judges said. Core family consists of parents and children.
This applies even if individual members of a core family already have protection status or if a deportation ban has been issued. In either case, the core family actually living together was a prerequisite.
With the ruling, the highest German administrative court said it deviated from its hitherto jurisdiction. Up to now, exceptions from the principle that families can only be deported as a group were generally possible.
Now, this legal interpretation is nullified, the court said.
With material from epd