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14/06/2021
DE: The Administrative Court of Mainz held that COVID-19 compulsory tests for carrying out deportations are permitted.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Germany, Regional Administrative Court [Verwaltungsgericht], Applicant (Azerbaijan) v Federal Office for Migration and Refugees (BAMF), 4 L 472 / 21.MZ, 14 June 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1887
Case history
Other information
Abstract

The applicant's request for international protection was rejected and the deportation was ordered. The applicant refused to undergo a COVID-19 compulsory test which was necessary to enforce the deportation. 


The Administrative Court of Mainz held that the compulsory COVID-19 test has a legal basis in the Residence Act, according to which, insofar as it is necessary for the preparation and implementation of a deportation measure, a medical examination can be ordered to determine the ability to travel. The court held that those conditions are met here and in order to deport the applicant to Afghanistan a COVID-19 PCR test is compulsory, proportionate and necessary for the safety of fellow passengers whose life could be at risk if they are infected by the applicant who refuses to undergo the test.


The court noted that the Covid-19 PCR test is a medical examination that is carried out by medical professionals and there is no evidence that the swab will not be taken according to medical rules.


Furthermore, a person who is required to leave the country must tolerate a medical examination to take a COVID-19 test if they do not have themselves tested voluntarily.


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
4 L 472 / 21.MZ
Date of Decision
14/06/2021
Country of Origin
Azerbaijan
Keywords
COVID-19/Emergency measures
Return/Removal/Deportation
Source
Asyl.net