Migration - Decision of OVG: City does not have to return Marokkaner
The expulsion of a Moroccan from Chemnitz last week caused much criticism - the man does not have to be recalled, however. The Saxon Administrative Court (OVG) made this decision and thus overturned two conflicting decisions of the Chemnitz Administrative Court. The Chemnitz Court had previously decided that the man's expulsion should be suspended or that the city of Chemnitz should recall him.
The fact that the Moroccan was expelled to his country of origin on July 11 caused criticism from the Refugee Council and Left and Green politicians. The issue was mainly that the emergency decision of the Administrative Court to suspend the expulsion was not forwarded to the Federal Police, who therefore continued the procedure.
The OVG justified its decision by stating that the man, as a rejected asylum applicant, was subject to expulsion. The fact that he was married to a German citizen changed nothing. According to the Refugee Council, he also has a child with her. However, the OVG stated that he had not convincingly proven a father-child relationship. If the man were recalled, he would have to leave immediately due to the lack of residence permit.
According to the OVG, the Free State of Saxony was also obligated by the Administrative Court to enable the man to re-enter. So far, the Free State has not filed an objection. The responsible State Directorate of Saxony announced last week that the possibility of temporarily allowing the Moroccan to re-enter was being examined.
The lack of forwarding of the Administrative Court's emergency decision to suspend the deportation to the Federal Police led to the expulsion of the man from Chemnitz, causing controversy. Despite being married to a German citizen with a child, the man's request for proof of a father-child relationship was not found convincing by the Administrative Court in Saxony, leading to the upholding of his deportation order.
