German court abandons the return of Yazidi family

Iraqi Yazidi women mourn during a ceremony by marking the 11th anniversary of the Yazidi massacre by the Islamic State in Iraq (AP image)

The Potsdam Administrative Court has rejected an emergency application by a Yazidi family seeking a retirement in Germany after their exile.The decision has come amid political pressure and public debate whether the removal has violated legal protection for the survivors of a massacre received by the “Islamic State” (IS) terrorist group.

What did the court decide about the Yazidi family?

The court did not find any basis for reversing exile, deciding that the family’s removal was valid under the March 2023 judgment by the Federal Office for Migration and Refugee (BAMF). That decision dismissed his protection claim as “manifestly baseless” and could not obstruct exile.The judges said that the exile order had been implemented since then. Another court order given on July 22 – suspending the obligation of release after an emergency appeal – was given only after the completion of exile.In its Thursday judgment, the court said it did not believe that the plaintiff had faced “personal harassment”. In addition, it was not found to have any significant personal danger, such as harassment, nor adequate evidence of the current group harassment of yazidis.

Why is the Yazidi family case controversial?

Family, two parents and four children were from the 2014 targeted Yazidi minority, the massacre that was recognized by the German Parliament in 2023. He lived in Licen, Brandenburg for years, children were integrated into local schools.His exile was part of a charter flight, carrying 43 people from leapzig to Baghdad. Officials initially claimed that only single men were on the board, with some criminal records. It was eventually revealed that it was not the case and the family was among the exile.Brandenberg’s Interior Minister Rene Wilke called the situation “deeply” and said that he asked the federal officials to work to bring back the family – if the court ruled in his favor.BAMF has defended its decision, citing the family failed asylum claims and the lack of danger in Iraq under the current assessment.Advocation groups such as Nadia’s initiative have warned that Yazidi families in Germany face equal removal orders, which create widespread fear in the community. They argue that many Yazid still cannot return safely due to the presence of destroyed villages, insecurity and relics.Center-left social democrats, environmentalists Greens and Socialist Left Party politicians have joined the call to return the family, citing the recognition of Germany’s massacre and moral responsibility towards the remaining people.In this case, there has been a debate on how the German refuge policy should treat communities affected by large scale atrocities – especially when legal rules and human views appear for conflict.

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