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Last minute deportation prevented

Nahjah K. and Abdulaziz Z. from Aleppo in Syria have eight grown children, six daughters and two sons. They are currently most concerned about their son Mohamad. He has been in prison in Dresden for exactly nine weeks.

The federal police picked up Mohamad Z. on August 23 of this year in the middle of the night at the entrance to Berggießhübel. The retrieved data showed that the 23-year-old had entered Germany illegally because he had been deported to Greece in September 2018. The officers also found a fake Greek driver’s license in his belongings. Mohamad was arrested and taken to Dresden prison. Only one day later he was taken to the courtroom in Pirna in handcuffs and ankle cuffs.

Judge Simona Wiedmer wanted to know from the thin young man why he had come back to Germany. His mother told him to come back. Because he could stay in Germany after all. The deportation to Greece in 2018 was not even legal, his mother told him. After living on the streets in Greece for months, he left for Germany again – to his parents, who now live in Heidenau.

At the hearing in August, only the first page of the deportation order was before the court. No witness from the Federal Police who picked up Mohamad Z. was invited to the trial date. The proceedings were therefore suspended. Public defender Susanne May applied at the time that her client could live with his parents in Heidenau until the next appointment. The judge refused and issued a new arrest warrant.

With hand and ankle cuffs in court

After two months of pre-trial detention, Mohamad Z. is being led into the Pirna courtroom again this week with handcuffs and ankle cuffs. Shortly before that, his mother asked in the corridor if she could cry inside because she should be quiet. When she sees her son, tears run straight away. The mother puts all hope in the lawyer Oliver Niessing from Dresden, who specializes in migration law. He has just filed a lawsuit with the Leipzig Administrative Court. In his opinion, Mohamad Z. was never effectively served the rejection notice of his application for political asylum. The consequence of this would be that his client did not make himself a criminal offense when he entered the country in August. He now explains that to the court in Pirna.

However, since this first has to be clarified in Leipzig, the proceedings will be suspended again. The judge cancels the warrant. The defendant’s mother looks happy for a moment. In the next sentence, however, the judge points out that Mohamad Z. will be brought to the Czech border by the federal police immediately after the end of the hearing in order to execute a new deportation notice.

Lawyer Nießing tries to prevent immediate deportation. He runs with the federal police officer to the immigration office just a few meters from the court. With success. He negotiates that the deportation will be canceled as soon as the authorities cancels the immediate execution of the deportation. Mohamad Z. is now sitting in the federal police car that is supposed to take him to the Czech border. It’s really about minutes now. The lawyer persists. The person in charge of the immigration office makes several phone calls in order to be legally protected. Finally she cancels the immediate execution – and assigns Mohamad Z. to his parents. The federal police car is only a few kilometers from the border when it turns back.

You can read more news from Pirna here.

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