Court stops BAMF deporting 3 month old baby without parents
A court in Wiesbaden has stopped the Federal Office for Migration and Refugees (BAMF) from deporting a three month old baby to Turkey without her parents. The urgent decision is dated Friday 25 September 2026 and became public on Wednesday 14 October 2026, when the court confirmed it to a church news agency.
The baby was born in Germany. Her parents come from Turkey. The BAMF rejected their asylum applications, and they took the case to the administrative court. That case is still open, so the parents are allowed to stay in Germany while it runs. The baby needed an asylum application of her own. It was handled under the fast procedure that has been possible since June 2026, after the latest tightening of refugee law. Under the new rules, a lawsuit no longer stops a deportation automatically.
The court suspended the deportation order against the child. "That a three month old child should not be separated from her parents is obvious," the judges wrote. They said close family ties stand in the way of separating a family even when the parents only have permission to stay for the length of their asylum procedure. Many courts have already ruled this way, and the judges called the BAMF's refusal to follow that case law incomprehensible. The decision cannot be challenged.
What this means for families: a child born in Germany cannot simply be deported alone while the parents' asylum case is still pending in court. Families who receive a rejection for a newborn in the fast procedure can ask the administrative court for urgent protection. The application must be made within one week of receiving the BAMF decision. Contact a lawyer or a refugee advice centre as soon as the letter arrives.