The German court rules that foreigners who are to be deported may not be visited at night according to the Düsseldorf Administrative Court (Verwaltungsgericht Düsseldorf) in a new ruling announced on Tuesday (17 November 2020).
The court was of the opinion that persons that are to be deported have the right to nights rest and as such should not be woken up in the middle of night like it’s often done when they’re to be forcibly deported.
Foreigners who are to be deported man not, as a rule, be visited by the authorities a night, the court ruled, thus prohibiting the action of the Duisburg Foreigner’s office, which wanted to search a flat at 4.30 am in the course of a planned deportation. The Residence Act allows such enforcement measures at night time only as an exception, the Court explained.
It was decided by the court that the time between 9 pm and 6 am should be considered night time all year around. There were additional circumstances required that the foreigner’s declaration that he or she did not want to leave the country voluntarily did not justify the search of a flat.
The authorities have to explain the person why he or she was obliged to leave the country and why there were no compelling reasons for toleration.
In a different case in the search of the Duisburg flat at night was also not exceptionally admissible because there were no facts from which it could be concluded that the deportation would otherwise be thwarted, the court stressed. the aliens’ registration office had to base its planning of deportation means on the law.
(Case file of the court decision is AZ: 7 I 32/20)
Source: African courier