OVG must deal with deportation of Moroccan again

The Higher Administrative Court of Saxony (OVG) must once again deal with the controversial deportation of a Moroccan from Chemnitz. A decision by the OVG from July 2024 violated the man's fundamental rights, the Federal Constitutional Court ruled. The OVG decision from July will be overturned and the case will be referred back to the OVG for a new decision.

The Moroccan was deported to his country of origin on July 11. In the course of this, politicians had criticized, among other things, that an urgent decision by the Chemnitz Administrative Court to suspend the deportation was not forwarded to the Federal Police, which therefore continued the process.

A few days after the deportation, the OVG ruled that the man did not have to be brought back. The legal disputes also concerned the inspection of files that had been denied to the man's lawyer. However, the Higher Administrative Court had denied the complainant access to the files requested by the court without any viable reasons, according to the decision of the Federal Constitutional Court.

Refugee Council speaks of scandal

The Saxon Refugee Council described the denial of access to the files as a scandal. The process represents a serious attack on the rule of law, it said. The lawyer of the person concerned had requested access to the files several times in vain and had urged the implementation of the court ban. Nevertheless, her client was deported.

"In view of the considerable violations of fundamental rights, prompt redress would be necessary, ideally in the form of an accelerated return of the person concerned. If this is not possible immediately, we would at least suggest an unbureaucratic and swift visa procedure," said the Refugee Council, quoting lawyer Inga Stremlau.