A refugee deported to Afghanistan must be brought back to Germany immediately after a decision of administrative Court of Sigmaringen. An appropriate request was given to Federal Office for Migration and Refugees (BAMF), said a justice spokesman in Sigmaringen. The Swabian Tagblatt had previously reported on case, among or things.
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The Afghan had come to Tübingen via Bulgaria and had applied for asylum on 8 June. The bamf was of opinion that EU country was responsible for man Bulgaria and not Germany. In case of argument, office refers to Dublin Regulation. It provides that EU country is responsible for asylum procedure of a refugee in which he has first entered EU territory. The asylum application of 23-year-old was subsequently rejected by bamf. In September man was deported to Bulgaria.
That was wrong, court decided. For man had sued against decision of bamf in an emergency procedure before Administrative Court of Sigmaringen. This usually has a suspensive effect, deportations may not take place until a decision on urgent is made. Usually, within a few weeks, such an application is decided.
According to southwest Press, bamf made mistakes while emergency procedure ran. In front of newspaper, press office of bamf said that it was only three and a half weeks after receipt from administrative court that lawsuit was heard. And n unfortunately “no timely processing” is done. Therefore, man had been deported back to Bulgaria. Officially, bamf continued to inform: The processing of authorities involved led to fact that suspensive effect of action before transfer could not be taken into account by concatenating circumstances in present case.
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But while bamf and administrative court in Germany were still busy with case, Bulgarian authorities were already planning to deport Afghans to ir homeland. He came in detention. There he was urged to sign documents for his “Voluntary departure to Afghanistan”, as he said to Swabian Tagblatt. At beginning of October, Bulgarian authorities shared bamf with fact that man had voluntarily travelled to Afghanistan.
However, administrative Court of Sigmaringen apparently gives Afghans more faith than Bulgarian authorities. That is why it now ordered that bamf must bring him back – also from Afghanistan. “Wher he voluntarily travelled to Kabul or not is quite open,” said court spokesman. The bamf stated that Office organizes possibility to retrieve applicant.
