Higher Administrative Court halts deportation: 55-year-old Kurdish woman to remain in Bielefeld for now
The Higher Administrative Court for the State of North Rhine-Westphalia has provisionally halted the deportation of a 55-year-old Kurdish woman from Bielefeld to Turkey. The woman has been living in Germany for about 22 years. She was arrested at her home during a police operation on August 20 and placed in deportation custody, with her removal scheduled for August 26. During a court hearing regarding her detention, she suffered a medical emergency and had to be taken to a hospital. The reason cited for the measure to terminate her residence is an allegation of extremism. The family had publicly stated that they fear for the woman's safety in Turkey.
What is crucial is what the court decided and what it did not. This is an emergency decision: the deportation may not be carried out for the time being, as long as the main case has not been decided. The court has neither determined that the measure is unlawful nor that it is lawful. The word "for the time being" is not a mere formality here, but accurately describes the status of the proceedings.
For readers who have themselves received an expulsion order or a threat of deportation, three points are of practical significance. First: A deportation date that has already been set is not an end point. Emergency legal protection against the order is possible, and it can still be effective even at very short notice. Second: The deadlines are extremely short, often only a few days, and they begin to run upon delivery. Anyone who receives such a notice or a detention order should seek legal assistance on the same day. Third: Deportation detention must be ordered by a court, and there is a separate legal remedy against the detention order, independent of the proceedings against the deportation itself.
Those who cannot afford legal representation can apply for legal advice assistance and legal aid. Refugee councils and counseling centers can provide referrals to lawyers specializing in immigration and asylum law at short notice. It is important to keep every notice along with the envelope showing the delivery date, as the deadline is calculated from that date.