Germany: High Administrative Court clarifies scope of safeguards when deporting applicants with health conditions

Date: 
Thursday, June 1, 2017

On 1 June 2017, the High Administrative Court of Baden-Württemburg overturned the decision of the lower court and held the six joined claims successful. It ruled that the claimants would suffer significant heath deterioration during the deportation, or directly after their arrival because of the deportation process, and it was not clear that this could be reliably medically prevented. It held that an incapacity to travel in deportation, in a broad sense, is found if following the deportation process there is a concrete and considerable probability of a substantial, i.e. not merely negligible, health deterioration. A deportation-caused health deterioration is also found if the deterioration first occurs after the arrival in the state of origin and is directly temporally and contextually tied to the deportation process entry. This time period is also part of the deportation process.
 
The court found that this also applies when it is foreseeable that the expected substantial health deterioration could be improved or cured after the arrival in the state of origin through medical treatment. Only if corresponding specialist medical care and supplies during the entire deportation process or a medical follow-up treatment is sufficiently ensured so that significant health deterioration will not occur at all is a different position justified.

Based on an unofficial translation by the ELENA Weekly Legal Update. The EWLU would like to thank Victoria Granda, J.D. Candidate, University of Virginia School of Law, for her kind assistance with translating and summarising these decisions.



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Keywords: 
Health (right to)
Medical Reports/Medico-legal Reports