Politics · Germany · 11 hrs ago
Wiesbaden court halts deportation order for three-month-old baby
A Wiesbaden court suspended a deportation order for a three-month-old baby who was born in Germany to Kurdish parents from Turkey.
Germany’s Federal Office for Migration and Refugees, known as BAMF, had rejected the parents’ asylum claims, and their challenge is still pending.
The baby’s separate asylum application was processed under a fast-track procedure introduced in June 2026.
Under the newer rules, filing a court challenge does not automatically stop deportation.
The court said a baby should not be separated from its parents, even when the family has permission to stay only while its asylum case is considered.
It criticised BAMF for not following what it said was established court practice.
BAMF rejects the criticism and says it made no error, arguing that local immigration officials would still have had to assess obstacles to deportation.
The agency says it wants a ruling from Germany’s highest court to settle the legal question.
The Wiesbaden Administrative Court temporarily suspended an order to deport a three-month-old baby to Turkey without the child’s parents.
The court said the infant should not be separated from the parents and criticised the Federal Office for Migration and Refugees’ approach.
The parents, who are Kurdish and from Turkey, had their asylum applications rejected and have filed a case that has not yet been decided.
The baby’s separate asylum application was handled under a fast-track procedure introduced in June 2026.
The federal office rejected the court’s criticism, saying local immigration authorities would have had to assess obstacles to deportation.
- Who
- A three-month-old baby and the child’s Kurdish parents from Turkey.
- What
- The Wiesbaden Administrative Court temporarily suspended a deportation order for the baby without the parents.
- When
- The court’s decision was reported on October 14, 2026; the articles were published October 14 and 16.
- Where
- The case is in the district of the Wiesbaden Administrative Court in Germany; the planned deportation was to Turkey.
- Why
- The court said the baby should not be separated from the parents and cited close family ties.
Wiesbaden Administrative Court
Federal Office for Migration and Refugees (BAMF)
Family separation
Wiesbaden Administrative Court
The baby should not be separated from the parents, and close family ties weigh against separation even when people have no residence right.
Federal Office for Migration and Refugees (BAMF)
The BAMF said it does not share the court’s legal interpretation and sees no error in issuing the deportation warning.
Legal position
Wiesbaden Administrative Court
The court said the BAMF’s refusal to recognise the prevailing case law was incomprehensible.
Federal Office for Migration and Refugees (BAMF)
The BAMF said there is no uniform case law and it wants a ruling from the highest court.
A fast-track procedure became available for asylum applications such as the baby’s separate application.
The Wiesbaden Administrative Court’s temporary suspension of the deportation order was reported.
DIE ZEIT and STERN.de published reports on the case and the BAMF’s position.
- Baby’s age
- Three months
- Planned destination
- Turkey
- Court
- Wiesbaden Administrative Court
- Parents’ origin
- Turkey; they are Kurdish
- Fast-track procedure
- Available since June 2026
3 sources
What people are saying
Dass die Antragstellerin als drei Monate altes Kind nicht von den Eltern getrennt werden sollte, liegt auf der Hand
Die Abschiebung eines drei Monate alten Kindes ohne seine Eltern kommt erkennbar nicht in Betracht.