Deportations often cause human suffering. This is especially true for Ali, who is gay and was deported to Iraq on September 10th. There he faces a prison sentence or even death. Ali was deported without his homosexuality being taken into account as a reason for fleeing in the asylum process.
Tobias Wöhner from the Imedana Nuremberg association, where Ali and his partner Adam had sought help, was present at the last hearing of the two at the Federal Office for Migration and Refugees in Zirndorf. “The result was obviously already decided,” he recalls. The decision-maker made it clear that she did not have time to hear Ali’s partner. “I had the feeling that this was an ‘alibi hearing’.”
Although Ali’s queerness was the main reason for his escape and the core issue of the asylum procedure, his partner was not heard. “After 90 minutes, the decision-maker declared Ali’s homosexuality to be implausible. His long-term relationship was sworn and we have known the couple for a long time.” The input of the queer community was ignored.
Ali was forced by his family in Iraq to marry a cousin, reports Wöhner. He and his family later fled the politically unstable country to Turkey, where he met Adam. The two decided that it would be safer for them in Germany, but could not leave together. They lost their mobile phones and contact on the way.
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“It was only after months in Germany that they found each other again by chance. The joy was huge, but unfortunately it was short-lived,” says Wöhner. Ali was soon taken to the Eichstätt deportation detention center. There he was repeatedly the victim of homophobic violence. He was beaten, insulted and even discriminated against by the staff, says Wöhner. They called him “Alexandra”. “I myself called Eichstätt several times to press for protective measures.”
Only when his lawyer intervened and asked the AHE Eichstätt to ensure Ali’s safety and the Bavarian Ministry of Justice and the Interior were informed did an adequate response come. Ali was transferred to the deportation detention center in Hof for security reasons.
Documents delivered too late
During the asylum procedure, several principles that actually apply to it appear to have been violated. For example, important documents reached Ali’s lawyer too late or not at all: a notice was sent to the wrong lawyer, reports Tobias Wöhner. This made it impossible to appeal against the decision in time.
When the Federal Office for Migration and Refugees (BAMF) finally wanted to hear Ali’s partner Adam, the couple began to hope. At the beginning of August, Tobias Wöhner and Adam went to the hearing. Afterwards, they were supposed to find out how the BAMF would now assess the case. This information has not yet been received. “It is obvious to me that the BAMF did not want to jeopardize Ali’s deportation.”
So, despite numerous inquiries, they simply decided on the case, explains Wöhner. “It is shocking even for those of us with years of experience how the BAMF handled this case.”
By plane to Baghdad
The last attempt to stop the deportation was a petition to the Bavarian state parliament. The CSU rejected it with its majority. And so Ali was flown to Baghdad on Tuesday along with 34 other Iraqis. The other deportees know about Ali’s homosexuality and could out him immediately in Iraq. His family also knows about it and is a danger to him.
Only this spring did the Iraqi parliament condemns repression against homosexualsSame-sex relationships can now be punished with up to 15 years in prison. However, queer people are often exposed to attacks from their environment. According to a 2013 decision by the European Court of Justice, people who are persecuted in their home countries because of their sexual orientation have the right to asylum in the EU.
On the evening of Ali’s deportation, Wöhner received Ali’s last sign of life. With each passing day, his hope fades. He sees Ali’s fate as closely connected to the current Discussion about asylum law and the treatment of refugees: “Without the current climate and the initiatives of the traffic light government, the BAMF’s actions and the court’s decisions would not have been possible. Nancy Faeser had announced better protection for queer refugees, and we have now been able to see impressively what this means in practice,” says Wöhner.
