Düsseldorf (dpa/lnw) - An illegally deported asylum seeker from the Congo has no right of return despite the illegal measures taken by the authorities. This was decided by the Düsseldorf administrative court and communicated on Friday (Az.: 27 L 2817/22).
The repeatedly rejected asylum seeker with a considerable criminal record was admittedly obliged to leave the country. In view of contradictory certificates about his mental state, the administrative court had ordered a halt to his deportation.
The immigration office in Viersen would have been obliged to check his ability to travel and possibly take special protective measures. So there was a risk of suicide in the room. Nevertheless, the man was deported from prison on the day of the order, November 8 last year.
When the order arrived, the plane with the man on board was already in the air and the accompanying officers were not reached in time to get him out of the machine during a stopover, a court spokesman explained.
In this case, however, this does not trigger a claim for repatriation, because the man would have to be deported again immediately, the court decided and rejected a corresponding urgent application by the Congolese.
There is no evidence that his health has deteriorated in connection with the deportation. The collaborating doctor at the German Embassy in Kinshasa could not find any ongoing mental illnesses in him.
An appeal against the decision can still be lodged with the Higher Administrative Court for the state of North Rhine-Westphalia in Münster.
