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When a foreigner is deported, the courts and authorities cannot simply ignore a medically certified incapacity to travel. In a short-term statement from the doctors, they cannot yet expect a precise individual justification, as is evident from a decision of the Federal Constitutional Court in Karlsruhe published on Saturday, July 22, 2017 (file number: 2 BvR 162/17).
It stopped the deportation of a rejected asylum seeker from Nigeria. In February and March 2017, an expert still considered him to be fully fit to travel. Only then did he get inpatient psychiatric treatment for paranoid schizophrenia. The chief physician of the clinic no longer considered the Nigerian to be fit to travel.
The Munich Administrative Court based only on the older expert opinions and overruled the opinion of the chief physician. This did not justify the inability to travel.
However, the Federal Constitutional Court suspended the deportation with an urgent decision. The Nigerian's complaint was “neither inadmissible nor clearly unfounded”.
According to the further justification of the Federal Constitutional Court, the other way round, it even has a good chance of success. The opinion of the psychiatric clinic at least contains the diagnosis. A more detailed justification "was obviously not possible in the short time" since the planned deportation of the clinic was only announced at short notice, according to the Karlsruhe decision.
At the time of the older assessment, paranoid schizophrenia was not yet present. It is “questionable” whether the Munich Administrative Court was allowed to override these circumstances, according to the Federal Constitutional Court in its decision of July 20, 2017, which has just been published.
If the deportation turns out to be legal, the Nigerian can still be deported with little delay. In contrast, the consequences of an illegal deportation would be considerably more difficult for the Nigerian. mwo