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Germany
Country of Decision : Germany
Court Name : DE: Federal Administrative Court [Bundesverwaltungsgericht]
Date of decision : 04/07/2019
Type : Judgment
ECLI : ECLI: DE: BVerwG: 2019: 040719U1C45.18.0
Case Number/Citation/ Document Symbol : BVerwG 1 C 45.18

Applicant (Afghanistan) v Federal Office of Migration and Refugees (BAMF Bundesamt für Migration und Flüchtlinge)

Afghanistan

DE: Federal Administrative Court stated as basic rule that in order to assess whether there are national prohibitions on deportation, it is not necessary to take a closer look at the nuclear family as a whole.

According to the case's guidelines

1. Even in the case of a family life partnership, it must be examined separately for each member of the family whether there is a national ban on deporting under § 60 (5) or (7) AufenthG.

2. For the prognosis of the dangers threatening a return, it is generally to be assumed that a core family (parents and minor children) living in a family within the Federal territory returns to their country of origin. 

3. As a rule, the return prognosis of a joint return in the family association can also be assumed if individual family members have already been definitively granted a protection status or if a national prohibition of deportation has been established for them. 

4. It was not necessary to decide whether a rule of law should be accepted, if the protection of the rights of family ties and the protection of fundamental rights has to be rescinded for reasons of public safety and if deportation leading to the separation of the family association is possible.

Family Reunification; Return/Removal/Deportation;

European Convention on Human Rights;

EASO IDS

Germany, Federal Administrative Court [Bundesverwaltungsgericht], Applicant (Afghanistan) v Federal Office of Migration and Refugees (BAMF Bundesamt für Migration und Flüchtlinge), BVerwG 1 C 45.18, ECLI: DE: BVerwG: 2019: 040719U1C45.18.0, 04 July 2019. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=826