Despite an illegal deportation to his home country, a former asylum-seeker from the Democratic Republic of Congo is not entitled to be brought back to Germany. This is the decision of the Administrative Court of Düsseldorf, which rejected an urgent application by the man.
A repatriation of the asylum-seeker to Germany would not make sense because the man had no right to stay in Germany and “would have to be deported again immediately”, according to the decision published recently (AZ.: 27 L 2817/22). An appeal against the decision can be lodged with the Higher Administrative Court in Münster.
The man had been deported on 8 November 2022, contrary to an order of the administrative court, because there were contradictory certificates on his mental condition and a suicide attempt could not be ruled out during the deportation, it was said. The foreigners authority of the district of Viersen would have been obliged to have the man examined as to his fitness to travel and to at least consider protective measures before deporting him.
The court declared that the deportation of the asylum-seeker, whose claims had been rejected several times and had already been expelled in 2016 due to serious criminal offences, was unlawful. However, the Congolese would have to be deported again immediately upon his return to Germany.