Various cookies are used on our website: technical cookies, cookies for marketing purposes and cookies for analysis purposes; in principle, you can also visit our website without cookies being set. This does not apply to technically necessary cookies. You can view and change the current settings at any time by clicking on the fingerprint that appears (bottom left). You have the right to withdraw your consent at any time. Further information can be found in our privacy policy under Cookies. By clicking on "Accept all", you agree that we may set the aforementioned cookies for marketing and analysis purposes.

The picture shows a Yazidi woman in Iraq. She is carrying her possessions with her back to the camera. A Yazidi family was deported to Iraq despite Tolerance permit .

Despite Tolerance permit: Yazidi family deported to Iraq

A Yazidi family from Brandenburg was deported to Iraq on Tuesday - despite the Potsdam Administrative Court stopping their deportation shortly beforehand. However, the legal success came too late: the family was already on a plane to Baghdad at the time. The case is making headlines across Germany - and new political demands.
Written by:
Expertly reviewed by:
Christin Schneider
Expert for Immigration law

Share:

Family fled from IS - now sent back

According to various media reports, the family with four underage children had been living in Lychen, Brandenburg, since 2022. They had fled from the Islamic State (IS) terrorist militia in Iraq.

In 2014 , IS murdered and abducted tens of thousands of Yazidis - a genocide that was officially recognized by the Bundestag in 2023.

Despite this history, the Federal Office for Migration and Refugees (BAMF) rejected the family's asylum application in 2023. The rbb quotes the decision as saying that the family had come to Germany for "reasons unrelated to asylum, for the purpose of better future opportunities".

Urgent application successful - but too late

The family's first urgent appeal against the deportation failed in April 2023. Shortly before the deportation on Tuesday, they submitted a new application - with success: the Potsdam Administrative Court expressed "serious doubts" about the original rejection. But the deportation flight to Baghdad had long since taken off.

Our recommended reading
woman happy to receive subsidiary protection
Subsidiary protection: 8 important facts

What is subsidiary protection and how do you get it? We answer all your questions in this comprehensive Blog . Learn more ...

Authorities point to information gaps

The Brandenburg Ministry of the Interior defends its actions. According to a statement to dpa, the Central Foreigners' office had " no information at the time of the handover to the Federal Police at Leipzig Airport " about a deportation ban.

In fact, the BAMF was formally responsible - according to their own statements, the Brandenburg authorities acted on the basis of the guidelines there. However, the court's decision is said to have been received by the BAMF just over an hour after the family's departure.

Deportation meets with nationwide criticism

The case triggered a wave of outrage. The Brandenburg Refugee Council called the deportation "scandalous" and spoke of a "deportation agenda driven by the right"(rbb).

Pro Asyl is also calling for consequences: The organization is demanding the immediate repatriation of the family and a nationwide ban on deportations for Yazidis. Legal policy spokesperson Wiebke Judith explained: "The fact that a last-minute urgent application was successful shows that this deportation should not have taken place."

Max Lucks, human rights spokesperson for the Greens, also spoke out in Focus magazine and called for the resignation of BAMF President Hans-Eckhard Sommer. The Left Party parliamentary group also criticized the process and called for a recall.

Our recommended reading
man sunrise dudung way into residence scaled
Tolerance permit: 5 sure ways to get the right of residence!

If you are only tolerated as a refugee, you are often playing with uncertainty. It is unclear how long your stay in Germany will last....

Proposed law: Greens demand right to stay for Yazidis

The fate of the Yazidi family is likely to be a draft law of the Greens political emphasis. In the proposal submitted to the Bundestag by the parliamentary group , the party calls for better protection for Yazidi refugees in Germany.

According to this, all Yazidis who have entered the country by July 31, 2025 are to receive a three-year residence permit - regardless of visa or livelihood. The regulation should apply nationwide and enable long-term integration, as the Greens emphasize.

The draft law also provides for the possibility of a permanent residence permit after the first three years.

Situation in Iraq remains uncertain for Yazidis

Background: According to the draft, the situation in the Yazidi region of origin Sinjar remains unacceptable - there is repeated violence by IS cells, militias and foreign military presence.

The group also points out that Germany has so far only fulfilled its responsibility to protect victims of genocide to a limited extent: In 2023, only 53% of Yazidi asylum seekers from Iraq were granted protection status in Germany.

It is currently unclear whether the Greens' bill will find a majority in the Bundestag.

Our recommended reading
http://§%2010%20AufenthG%20einfach%20erklärt%20–%20Ihr%20Aufenthaltstitel%20bei%20Asylantrag
§ Section 10 AufenthG simply explained - Your Residence permit for asylum applications

§ Section 10 of the Residence Act (AufenthG) is a key paragraph that regulates the granting or exclusion of residence permits during asylum proceedings. ...

No permanent solution so far - countries call for deportation ban

In recent years, several federal states - such as North Rhine-Westphalia, Thuringia and Rhineland-Palatinate - have issued temporary deportation bans for Yazidis. However, there has been no uniform federal regulation to date. A corresponding proposal last failed at the Conference of Interior Ministers in June 2024.

The family's lawyer has now taken legal action and applied for their return. It is currently unclear whether the family will be allowed to return to Germany.

Do you have any questions?
Are you experiencing difficulties with the naturalization process and still have questions? Contact us and our legal experts will be happy to help you with any question!
anna profile picture
Anna Faustmann
Editor
Anna Faustmann is an editor at Migrando . With her sound education and many years of experience in journalism and digital marketing, she brings a deep understanding of the conception and creation of ...