Interim injunction against deportation to Afghanistan: safety of return and prevention of imminent danger to life

The Federal Constitutional Court’s Second Senate, First Chamber, repeated its preliminary injunction of December 14, 2016, for a further period of four months, or until the final decision on the constitutional complaint, thereby upholding the order that prohibits the deportation of the applicant to Afghanistan. The dispute concerned a constitutional complaint by an asylum seeker against a deportation order, challenging the safety of return given the prevailing conditions in the country of origin. The court’s decision was grounded in the preliminary relief provisions of the Federal Constitutional Court Act, specifically the requirement to prevent imminent danger to life or physical integrity under the Basic Law, which justifies the interim suspension of execution measures during the pendency of the main proceedings.