Federal Administrative Court SEM must decide on the expulsion of an Iraqi IS supporter
The State Secretariat for Migration, and not Fedpol, must decide on the expulsion of the Iraqi who was convicted of terrorist activities in 2014. A special constellation led to the man being deported and provisionally admitted.
07.11.2025, 12:00
SDA
After the Federal Office of Police (Fedpol) had ordered the deportation and postponed its execution, the State Secretariat for Migration (SEM) ordered provisional admission based on the law at the time.
For this constellation under the old law, the Federal Administrative Court stated in a landmark ruling: As soon as and as long as provisional admission exists, the execution of the deportation may not be ordered - not even by Fedpol.
It is up to the SEM to periodically check whether the conditions for provisional admission are still met. If it comes to the conclusion that this is no longer the case, it must revoke the admission and order the enforcement of the underlying expulsion. This constellation is no longer possible under the new law.
