Can Bundesverfassungsgericht stop a deportation.??

Question

My asylm finish from BAMF and also abminstration or high court also. After this decesion Ausländerbehörde want to deport me my home country with my minor 9 year old son without my wife. Because she have Ausbildung visa. They want to spreate my family. In this Situation I dont sleep at home. Also they come 2 time to deport me but they unsecess full. Because I dont at home that time. At last they Abmeldung me. Now my lawyer make a appeal for human rights in Bundesverfassungsgericht Karlsruhe court. My question is at that time while my decesion not come from Bundesverfassungsgericht can they deport me.

Comments

Dear @Harish, 

Welcome back to the Wefugees Community and I am very sorry to hear that you find yourself in such a difficult and situation. 

Unfortunately, I can not share any experiences regarding similar cases at the "Bundesverfassungsgericht" (Federal Constitutional Court), which is the highest court in Germany. I am not a lawyer and I think it is quite rare that lawyers are willing to appeal at this level. I would highly recommend you to consult your lawyer and to discuss with her/him your questions. He or she seems to be committed as well. I will also link my dear colleague @alla_fka here, as your case is really interesting and unique. Maybe she can add some more information. 

Looking forward to updates from your side and fingers crossed! 

All the best, 

Meike

Answer 1

Hello,

to say the truth I don't know if a constitutional complaint (Verfassungsbeschwerde) has a suspensive effect. If it does, you can't be deportet before the Constitutional Court (Bundesverfassungsgericht) has decided on your case. If not, you can be deported. There are of course other methods too which your lawyer can try under circumstances: urgent applications to the local administrative court to stop your deportation temporarily. Your lawyer has full information about your legal situation and can decide if such an appeal is possible / makes sense.

Constitutional complaints are rare and not all lawyers make it. I hope your lawyer is experienced enough to make such a complicated thing and anyway ask him (or her) how much protection this complaint gives you in the moment.

Good luck!

Comments

Hello Mam.
Gud Evening Mam. Mam unfortunately today I get decesion from Bundesverfassungsgericht. They dont take my case. I dont understand I come here in Germany 2018 with my family. My A2 is finish. My wife B1 is finish. My wife get ausbildung Duldung. My son is minor. But Ausländerbehörde dont care all this things. They want to deport me with my son. I already have Ausbildung vetrag. But they say to me first you go ur home country and then you apply for Ausbildung. I am very upset. I hear lot of NGO Support family but for my family All stand up their Hands.