Deportation to U Case

CourtSuperior Administrative Court (Germany)
Date16 l 1972
Federal Republic of Germany, Superior Administrative Court (Oberverwaltungsgericht) of Rhineland-Palatinate
Deportation to U. Case1

The individual in international law In general Human rights and freedoms Right to protection of marriage Basic Law 1949, Article 6 Alien seeking to avoid deportation Whether danger to marriage justifies prohibition on deportation Principle of proportionality The law of the Federal Republic of Germany

The individual in international law Aliens Expulsion of Right of expulsion Deportation Convicted criminal Right of asylum Basic Law 1949, Article 16(2) Restrictive interpretation by reference to legislative history Public order and security Protection of marriage under Article 6 of Basic Law Principle of proportionality The law of the Federal Republic of Germany

Summary: The facts:The plaintiff was an alien who had been convicted and imprisoned for manslaughter in the Federal Republic of Germany. After his release an order was issued for his deportation under the Federal Aliens Law. Article 14 restricted the right of deportation and provided that an alien should not be deported to a State in which his life or liberty were threatened because of his political convictions. The plaintiff challenged the order before the administrative courts on the grounds that he feared persecution in the State to which he was to be deported and that the deportation violated his right under Article 6 of the Basic Law to the protection of his marriage. The Administrative Court upheld the order, referring to Article 14(1)(2) of the Aliens Law, which provided that the restrictions on the right of deportation did not apply if there were serious reasons for regarding the alien as a threat to security or the public good because he had been convicted of a particularly serious offence. The plaintiff appealed.

Held:The appeal was dismissed.

(1) The provisions of Article 14(1)(2) of the Aliens Law reproduced the terms of Article 33(2) of the Geneva Convention Relating to the Status of Refugees, 1951, and a similar exception was contained in Article 44(2) of the same Law with regard to persons entitled to asylum. It was true that Article 16(2) of the Basic Law contained no such exception and merely provided that persons persecuted on political grounds should enjoy the right of asylum, and that there was nothing to prevent the national legislature from granting rights to such persons which went beyond the requirements of general international law or treaty...

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