The higher administrative court in Münster has decided that the Tunisians must be brought back to Germany. The latest twist in the endless story of the deportation of Sami A.
In 1997, The Tunisians will travel with a student visa to Germany. In Krefeld, he studied textile engineering, then computer engineering and finally electrical engineering. He lives in Cologne, later in Bochum.
1999: the end of the year, Sami is supposed to be A. travelled for some months in a training camp of the terrorist network al-Qaeda in the Afghan-Pakistan border area, he should have temporarily belongs to the bodyguard of the Al-Qaeda founder Osama bin Laden. Sami A. denies that – instead, he had undergone religious training in Pakistan.
2000-2005: Back in Germany, Sami A. as a Salafist preacher. Security authorities consider him an “ideological arsonist”.
2006: In March, the Federal government directs the bar’s investigation. The suspect: Sami A. was a member of a terrorist group. Also, the Bochum immigration office is seeking his expulsion. Sami A. makes an asylum application that is later rejected. Nevertheless, he is allowed to stay, also because its is naturalized from Tunisia-born wife and the common children’s German passports.
2007: The calculation procedure is set, because the suspicion is not “with the indictment and required adequate security” hardening.
2010: The administrative court of Düsseldorf decides in June that Sami may A. not be deported, because in Tunisia, torture and inhumane treatment, threatened. The higher administrative court of Münster confirmed the judgment. On the basis of these judgments, the Federal office for Migration and refugees shall issue a prohibition of Deportation.
2014: The Federal office for Migration and refugees, BAMF, and against prohibition is calling for the Deportation and wants to bring Sami A. to Tunisia. With the reference, that the conditions in Tunisia may have changed after the “Arab spring” of 2011 – Sami A. no torture more threatening in his home.
2016: The administrative court of Gelsenkirchen, Germany decides in favour of Sami A.
2017: In April, the higher administrative court of Münster. Justification: Sami A. threatened “with a considerable probability of torture, inhuman or degrading treatment”.
2018: mid-June, the case takes a sudden journey.
The Federal office for Migration and refugees has been trying to June 2018 multi, Sami A. deported
The Deportation
18. June: The Land of North Rhine-Westphalia, asked the Federal police, a deportation from Düsseldorf to Tunisia’s Enfidha to prepare. The Federal police Bureau Bay for Sami A. and several police officers places for a scheduled flight on may 12.July.
25. June: The police, Sami A. takes, than, this, like every day, at the police station. The foreigners authority is preparing his deportation, Sami A. is taken to the deportation prison of Büren. Federal interior Minister Horst Seehofer makes personally pressure: “My goal is to achieve the deportation.” Even Chancellor Angela Merkel expressed publicly about the case.
27. June: The lawyer of Sami A. shall inform the administrative court of Gelsenkirchen, the deportation of your clients for the 29. August planned. You will apply for protection from Deportation. The court has asked the BAMF that’s why, “without delay”, if a previous deportation should be planned. The judges repeat this in the next few weeks on several occasions.
29. June: North Rhine-Westphalia, asked the Federal police, the for the 12. July line booked to cancel the flight again, “by the Returnees acts of Resistance could not be excluded on Board the aircraft”.
6. July: The state of North Rhine-Westphalia, asked the Federal police again about the deportation by Charter flight to prepare.
9. July: The Federal police headquarters confirmed Westphalia the Land of North Rhine-that the deportation flight asked on 13.July can take place. Also, the Federal Foreign office is informed, with the request that this Information to the Tunisian authorities.
11. July: According to his own representation, the court notes from the files of the immigration office, the deportation for the night of the 12th. July was planned – the date, according to the Federal police at this time already up to date. The administrative court asks the BAMF, a so-called “standstill” commitment – i.e. until the decision of the court not to deport. The court reserves the right to consider otherwise, by haste decision, a provisional decision “to leave up to the decision on the application no fait accompli”.
12. July: The BAMF will inform the court after consultation with the competent NRW refugee Ministry in Düsseldorf, the flight booking for the deportation on the 12th. July cancelled. Of a deportation date at 13. July is not in the communication between the court and the BAMF. The administrative court shall dispense with a provisional decision and decide instead on the same day that Sami may A. will not be delivered. There is no “diplomatically binding guarantee of the Tunisian government in front of sun”, that Sami threatened A. in the North African country does not torture. The 22-page decision, the chamber deposited in the evening in the write place of the court. This is not occupied at this time. Shortly before that, the lawyer of Sami A. presents to the court a request for protection from Deportation.
13. July: In the early hours of the morning, the NRW holt-police Sami A. from the deportation prison in Büren and bring him to Düsseldorf airport, where Federal police officers in reception. The chart machine with Sami A. on Board starts in the direction of Tunisia. Without knowledge of the deportation, the administrative court sent by Fax its decision to the parties Involved: the lawyer of Sami A., the BAMF and the aliens authority. A little later, Sami A. lands on the airfield of Enfidha, 100 kilometres South of Tunis. The accompanying forces of the Federal police handed him over to the Tunisian authorities. The Gelsenkirchen-based court trying the deportation at the last Moment to cancel: A judge draws the attention of the foreigners ‘ registration office in Bochum, “the fact that the applicant – was to fly, he is currently in the transit area of the airport of destination – back”. The authority declared, according to the court, it had “no knowledge of flight data”. The plane leaves without Sami A. back to the Enfidha airport. Only then will the Federal police learns according to their own statements, that the court has prohibited the deportation. In the afternoon, the administrative court announced that the deportation was “grossly illegal” and “basic legal principles of the state” violated. Therefore, Sami A. was to bring “immediately at the expense of the foreigners authority in the Federal Republic of Germany”.
The judges in Münster with the last word to Sami A. Now, the case could land before the Federal constitutional court
Back to Germany or not?
14. July: The NRW refugee Ministry announces appeal against the return decision. The Tunisian judiciary, claimed, meanwhile, the responsibility for Sami A.
16. July: The Federal interior Ministry will ask the German Embassy in Tunis, by the Tunisian authorities for information on further action in the case. North Rhine-Westphalia’s Prime Minister Armin Laschet (CDU), defended his government: “We, as politicians, have to be decided in accordance with the law to be made by the state government.” The decision of the court was received too late.
24. July: Tunisia reaffirms, to want Sami A. to Germany to deliver.
27. July: The Tunisian authorities, Sami released from detention. The terrorist suspicion against him had not yet hardened, the investigation would continue.
13. August: For Sami, A. a re-entry ban for Germany, according to the city of Bochum. So he would be dismissed on the German as well as on the borders of the European Schengen States, should Sami want to A. go back. The higher administrative court should order however, a return would Sami be issued. a. a visa.
15. August: The North Rhine-Westphalia higher administrative court in Münster decides that Sami A. has to be brought back to Germany. The deportation was “manifestly unlawful” and would have at 13. July may not be continued.