German Court Upholds Deportation of Yazidi Family to Iraq

A German court has upheld the deportation of a Yazidi family to Iraq, rejecting their bid to return despite political and humanitarian appeals.

The Potsdam Administrative Court has turned down an emergency application from a Yazidi family seeking to return to Germany after their deportation to Iraq.

This decision comes amid growing political pressure and public debate over whether the deportation violated legal protections granted to survivors of the genocide carried out by the "Islamic State" (IS) militant group.

The court concluded that there were no legal grounds to reverse the deportation, declaring that the removal was lawful under a March 2023 decision by the Federal Office for Migration and Refugees (BAMF). That earlier decision had rejected the family’s protection claim as “manifestly unfounded” and determined there was no obstacle to deportation.

According to the judges, the deportation order had been enforceable since that time. A separate court order issued on July 22 — which temporarily suspended the family’s obligation to leave following an emergency appeal — was only delivered after the deportation had already been carried out.

In its ruling on Thursday, the court stated it did not find evidence that the plaintiffs had suffered “individual persecution.” It also found no substantial individual threat, such as persecution by IS, and no sufficient proof of current group persecution of Yazidis.

The family — comprising two parents and four children — is part of the Yazidi minority that was targeted in the 2014 genocide by IS, which the German parliament formally recognized in 2023. They had been living in Lychen, Brandenburg, for several years, with the children integrated into local schools.

Their deportation took place as part of a charter flight carrying 43 individuals from Leipzig to Baghdad. Authorities initially claimed that only single men were on board, some with criminal records. However, it was later revealed that the deportees included the Yazidi family.

Brandenburg’s Interior Minister, Rene Wilke, described the situation as “deeply concerning” and said he had requested that federal authorities work toward bringing the family back — should the court ruling in their favor remain valid.

The BAMF has defended its decision, pointing to the family’s failed asylum application and current assessments indicating that Iraq does not present a recognized danger for them.

Advocacy organizations, including Nadia’s Initiative, have raised concerns that Yazidi families across Germany face similar deportation orders, sparking widespread fear within the community. They argue that many Yazidis still cannot return safely due to destroyed villages, ongoing insecurity, and the lingering presence of IS remnants.

Lawmakers from the center-left Social Democratic Party, the environmentalist Greens, and the socialist Left Party have joined calls for the family’s return. They cite Germany’s recognition of the genocide and the country’s moral obligation toward survivors as key reasons for allowing the family back.

The case has reignited a broader debate over how German asylum policy should address communities affected by mass atrocities — especially in situations where legal rulings and humanitarian considerations appear to be at odds.