A deportee does not have to earn minimum subsistence income at home.
According to the Federal Administrative Court, German courts do not have to make sure that deportees are able to earn sustainable incomes in Germany. In Leipzig, the Federal Administrative Court reversed an earlier ruling.
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While authorities are still required to determine whether a deportee can meet their “For a predetermined time, most of your basic needs will be met” before shipping them back to their home country, they need not ensure a minimum subsistence level can be met and maintained in the long term.
Thursday’s decision stems from the case of an Afghan national who failed to be granted asylum in Germany. The Mannheim Administrative Court banned deporting him to Afghanistan anyway, arguing that given the dire state of that country’s economy, it would be impossible for even the fittest citizens to meet their basic needs there. The case is set to be retried this month due to the change in economic situation brought about by the Taliban’s return to power.
European law doesn’t require that the deporting authority ensures the deported person has a stable livelihood on their return. A deportation ban can only be secured if the threat of encountering “Serious violations of human rights” takes place in such close temporal proximity to the return that it can be attributed specifically to the individual’s arrival in their home country.
“Foreigners who are obliged to leave the nation can access assistance that will keep them or their family from becoming dependent within a reasonable time. A deportation orders cannot be waived except if the individual concerned is at risk of being detained soon after returning (upon arrival) and with the highest probability once the assistance has been exhausted.“The ruling states.
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Germany was among the European countries that temporarily stopped the deportation of Afghans to Afghanistan. This happened after the Taliban took control of the country in August. This was initially an argument by Germany that it was bad, as more Afghans would try to enter Europe illegally. But, the government changed its mind later.
