Court in Germany denies re-admission of Yazidi family who were deported

In a controversial move, the Potsdam Administrative Court recently rejected an emergency application by a Yazidi family seeking re-entry to Germany after their deportation to Iraq. The family, who had lived in Lychen, Brandenburg for years and were integrated into local schools, were among 43 people deported on a charter flight from Leipzig to Baghdad.

The decision, based on a March 2023 decision by the Federal Office for Migration and Refugees (BAMF) that rejected the family's protection claim as "manifestly unfounded" and found no obstacle to deportation, has sparked controversy and debate over the treatment of Yazidi refugees in Germany.

The case has garnered attention from various political parties in Germany, including the center-left Social Democrats, the environmentalist Greens, and the socialist Left Party. Politicians from these parties have joined calls for the family's return, citing Germany's recognition of the Yazidi genocide and moral responsibility towards survivors.

However, the BAMF has defended its decision to deport the family, arguing that the family's asylum claim was unfounded and that there is no recognized danger in Iraq under current assessments. The court's ruling that the family had not suffered "individual persecution" or faced significant individual threat, such as persecution by IS, nor sufficient evidence of current group persecution of Yazidis, supports the BAMF's stance.

Advocacy groups like Nadia's Initiative have warned that similar removal orders are being issued to other Yazidi families in Germany, causing fear within the community. Many Yazidi families still face the possibility of removal orders due to ongoing insecurity and the presence of IS remnants in certain areas.

The court's ruling and the BAMF's decision have sparked renewed debate over how German asylum policy should treat communities affected by mass atrocities, particularly when legal rulings and humanitarian considerations seem to conflict. The case has highlighted the complexities and challenges in balancing legal obligations and humanitarian concerns, especially for survivors of the IS genocide.

Brandenburg's Interior Minister Rene Wilke has expressed concern about the situation and requested federal authorities to work on bringing the family back if their court ruling in their favor remains valid. The controversy surrounding this case continues, with many calling for a reconsideration of the BAMF's decision and a more compassionate approach towards Yazidi refugees in Germany.