The deportation of a Moroccan from Chemnitz last week sparked a lot of criticism - but the man does not have to be brought back. This was decided by the Saxon Higher Administrative Court (OVG), thereby changing two contrary rulings by the Chemnitz Administrative Court. The Chemnitz court had previously ruled that the man's deportation should be suspended and that the city of Chemnitz should take him back.
The fact that the Moroccan was deported to his country of origin on July 11 had sparked criticism from the Refugee Council and politicians from the Left and Green parties. The main criticism was that the administrative court's urgent decision to suspend the deportation was not forwarded to the federal police, who therefore continued the process.
The OVG justified its decision by stating that the man was obliged to leave the country as a rejected asylum seeker. The fact that he was married to a German citizen did not change this. According to the Refugee Council, he also has a child with the woman. However, he had "not credibly demonstrated" a father-child relationship, according to the OVG. If the man were to be brought back, he would have to leave the country immediately due to his lack of residence rights.
According to the OVG, the Free State of Saxony was also obliged by the administrative court to allow the man to re-enter the country. The Free State has not yet lodged an appeal against this. The responsible state directorate of Saxony announced last week that the possibility of temporarily allowing the Moroccan to re-enter the country was being examined.
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