The Administrative Court of Wiesbaden, Germany, has suspended the enforcement of a deportation notice issued against a three-month-old infant, criticizing the Federal Office for Migration and Refugees (BAMF) for disregarding fundamental family rights and established case law.

According to the Hana Human Rights Organization’s review of the court’s decision dated September 25, 2026, the Federal Office for Migration and Refugees had rejected the child’s application for international protection through an accelerated procedure and given the infant only one week to leave Germany. This was despite the fact that the child’s parents were legally permitted to remain in the country temporarily while judicial proceedings concerning their own asylum applications were ongoing.

Citing Article 6 of Germany’s Basic Law, the court emphasized the need to protect family unity and give special consideration to the circumstances of young children. The judge also described the Federal Office’s refusal to acknowledge existing case law concerning family members’ residence rights as “incomprehensible.”

The significance of this case extends beyond an individual administrative decision. The review indicates that an internal directive issued by the Federal Office for Migration and Refugees on June 12, 2026, continued to contain a restrictive interpretation of asylum seekers’ residence status that conflicts with multiple rulings by Germany’s higher administrative courts. This discrepancy raises serious questions about compliance with legal safeguards in asylum proceedings.

The Hana Human Rights Organization, which has previously warned about the erosion of fundamental safeguards for the right to asylum in Germany, considers this case a troubling example of the consequences of prioritizing deportation policies over the legal protections afforded to asylum seekers. Such an approach can place children’s rights, the principle of family unity, and the right to effective judicial protection at particular risk.