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  • Page 1 — when politics and rule of law collide
  • Page 2 — similar individual cases before Sami a.
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    At first glance, story about deportation of Sami a. is a tangled posse around unobserved deadlines and chaotic communication. While four federal policemen brought presumed threat to Tunisia, a deportation ban was imposed on him, and he had not yet decided on his actions and he was in process of revocation. Neverless, authorities postponed it. In question of why does it show that behind deportation re could be more than a dispute over formalities: In case of Sami A, a policy that increasingly relies on deportation collides with rule of law. How far can politics go? How far did Interior minister Horst Seehofer go?

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    DasVerwaltungsgericht Gelsenkirchen has published course of deportation procedure on SeinerWebsite: On Wednesday, 11 July, court has set a deadline for bamf to comment on case of Sami a. By Thursday, July 12. At same time, court inquired wher it was true that EinAbschiebeflug was planned for Thursday and that it would not bamf DasVersprechen until a court decision was taken. The bamf replied that flight would be cancelled. That’s what NRWversichert Ministry of Refugees did. The court waived Daherauf a Eilbeschluss, formulated a new deportation ban undhinterlegte it in writing place of court. 19.20 Clock was esda, but place was no longer occupied. Therefore, ban was sent only on NächstenMorgen, Friday,: 8.09 pm to lawyer of Sami A.; 8.10 pm to BAMF; 8.15 pm to immigration office in Bochum. Sami A. Sits re already on plane, 6.53 started jet.

    NRW-Minister of refugees Joachim Stampbeteuert, he did not know anything about expulsion ban. Wolfgang Thewes, on or hand, speaker of Administrative Court of Gelsenkirchen, sees DenRechtsstaat demonstrated. The upper administrative Court of Gelsenkirchen demands Sami a. SRückkehr, state of North Rhine-Westphalia to prevent it with a lawsuit. But a. is already sitting in an investigative prison in Tunisia, country wants to keep it for interrogations.

    How much influence did Seehofer have on deportation?

    Horst Seehofer is particularly much criticised. He should have influenced decision to deportation. EineSprecherin of Ministry of Interior rejects accusation. There have been “intensive contacts” between North Rhine-Westphalia and Confederation, but a “Drängenoder an influence” denies m. It is fixed that DassSeehofer was already on Wednesday about planned Abschiebunginformiert. Also that he knew re might be legal difficulties. But it is also true that Seehofer – just like Merkel – has been campaigning for deportation of Sami a. Since Langemöffentlich. The man is considered AlsGefährder, his name was known to public. His deportation would have fit well into profile of a state that wants to show itself hard and assertive. In May, Seehofer still said that he was “determined to stay on case”. Wher and, if so, how he has actually exerted influence will be difficult to prove. But question is: how much influence does Confederation have on deciding wher einAsylbewerber should remain in this country?

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    Deportations are a matter of country. The federal police, which carries out so-called repatriation, is subject to federal government, and Confederation takes care of papers. But it is foreigners ‘ authorities of countries that decide if and when someone will be deported. Your attitude depends on JeweiligenLandesregierung. The CSU-governed Bayern, for example, pursued a particularly harteAbschiebepolitik. 51 The 69 at beginning of July AbgeschobenenAfghanen came from Free State. But black-yellow RegierteNordrhein-Westphalia also postpones many asylum seekers. While number of Abschiebungen2017 declined nationwide, y rose um23 percent in North Rhine-Westphalia. Critics accuse minister of Refugees and Integration, Joachim Stamp, of not being sufficiently concerned with integration and instead of being put on foreclosure.