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Ibrahim Miri at a trial in Bremen 2012
Photo: EPA-EFE / REX
The two deportations of clan chief Ibrahim Miri from Bremen to Lebanon in July and November 2019 were illegal.
The Bremen Administrative Court has now come to this judgment, which has followed suit by Miri, who lives in Beirut.
Nevertheless, the 48-year-old is not allowed to re-enter Germany: the fourth chamber of the court also found that a seven-year entry and residence ban had been lawfully issued.
Even for the purpose of visiting, Miri is not allowed to legally enter the Federal Republic.
Appeals against the judgment are possible at the Higher Administrative Court.
The authorities should not have deported Miri on July 10, 2019 because, according to the court, he still had a legally effective toleration at that time.
"A tolerated foreigner may not be deported," said the judge.
Miri, who had several previous convictions in Germany, entered the country again after the first deportation and had applied for asylum, which was rejected as unfounded.
He was then deported again on the night of November 22nd to 23rd, 2019.
This was also illegal, the court found: During the second deportation, the Bremen interior authorities did not adhere to the previously made standstill promises.
Accordingly, Miri was deported several days earlier than previously insured by the interior authorities.
This violated the principle of granting legal protection and was "plain and simple" illegal, the judge said.
Convicted 19 times
The fact that Miri is still not allowed to enter Germany is due to the decision of the state immigration authorities, which issued a seven-year entry and residence ban on him. According to the court, this is not legally objectionable, not inappropriate and will last for another five years. The chamber also sees the plaintiff as a threat to public safety. Miri was convicted in Germany from 1989 to 2014 a total of 19 times, including for robbery, serious theft, stolen goods, embezzlement and drug trafficking as a gang.
His client was picked up, tied up and put on the plane that night, said Miri's lawyer.
Only after landing was he told that he had been deported.
"An example should be made with the deportation," he said.
You no longer wanted to take the personal interests of your client seriously.
With one of the lawsuits, Miri wanted to enforce a right to visit two underage children, his partner and his mother.
The court is convinced that Miri continues to "pose a significant threat to public safety and order," the spokesman said.
The re-entry ban, which will still apply until 2026, is proportionate.
His serious family concerns would also have to take a back seat.
hba / dpa