Disability caused by mental illness justified

When deporting a foreigner, courts and authorities can not simply override a certified medical disability. In a short-term statement of the physicians, they can not yet expect a precise individual justification, as emerges from a decision of the Federal Constitutional Court published in Karlsruhe on Saturday, July 22, 2017 (Ref .: 2 BvR 162/17).

Young people with mental illness often develop sequelae. For example, physicians noted that depression in children and adolescents leads to arthritis and digestive system diseases. In contrast, anxiety disorders increase the likelihood of developing skin diseases. (Image: BillionPhotos.com/fotolia.com)

It stopped the deportation of a rejected asylum seeker from Nigeria. In February and March 2017, an appraiser had still considered him to be fully travelable. Only then, however, he came because of paranoid schizophrenia in inpatient psychiatric treatment. The chief physician of the clinic did not consider the Nigerian to be fit for travel.

The administrative court of Munich relied solely on the older reports and overruled the view of the chief physician. This did not explain in more detail the inability to travel.

With an urgent decision, however, the Federal Constitutional Court suspended the deportation. The complaint of the Nigerian was "neither inadmissible nor clearly unfounded".

Conversely, after further explanation by the Federal Constitutional Court, it may even have a good chance of success. After all, the opinion of the psychiatric hospital contained the diagnosis. A more detailed explanation was "in the short time obviously not possible" as the planned deportation of the clinic was announced shortly, it says in the Karlsruhe decision.

At the time of the older assessment, paranoid schizophrenia was not yet present. It was "questionable" whether the Munich Administrative Court could override these circumstances, the Federal Constitutional Court said in its decision of 20 July 2017, now published.

If the deportation proves to be lawful, the Nigerians can still be deported with little delay. In contrast, the consequences of illegal removal would be much more difficult for the Nigerian. mwo