The applicant is an Iraqi national. When he made an application for asylum to the Federal Office for Migration and Refugees, the Office found out that the applicant had already applied for asylum in Greece. The Office decided that the application for asylum was inadmissible and ordered the applicant’s deportation to Greece, stating that Greece was obliged to take the applicant back under Council Regulation (EC) No 343/2003 of 18 February 2003, the so-called Dublin II Regulation. The Higher Administrative Court (
Oberverwaltungsgericht) for the
Land (state) North Rhine-Westphalia rejected a motion for a temporary injunction moved against the deportation because, according to the court, the Asylum Procedure Act (
Asylverfahrensgesetz) precluded staying in preliminary injunction proceedings deportations to a European Union Member State responsible, pursuant to the Dublin II Regulation, for examining an asylum application. The court held that the exceptions from this ban which have been developed by the Federal Constitutional Court in its judgment of 14 May 1996 (BVerfGE 94, 49) on the asylum compromise (Article 16a.2 of the Basic Law (
Grundgesetz – GG)) did not apply here. The constitutional complaint is directed against this order. At the same time, the applicant seeks his deportation to be stayed by the Federal Constitutional Court.
Jetzt die ganze Nachricht auf JuraPortal24.de lesen: Motion for a temporary injunction against a deportation under the Dublin II procedure successful
Quelle: Pressemitteilung des Bundesgerichtshofs vom 08.09.2009
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