Extension of interim ban on deportation to Afghanistan pending constitutional review of life threat

The Federal Constitutional Court's Second Senate, First Chamber, ordered the continuation of a preliminary injunction for a further six months, extending the prohibition against removing an asylum seeker to Afghanistan pending the final decision on the constitutional complaint. The dispute concerned the applicant's challenge to the enforcement of a deportation order to Afghanistan, asserting a threat to their life or liberty in the destination country. Relying on Article 13 of the Basic Law (freedom from expulsion) and the prohibition of refoulement under Article 3 of the European Convention on Human Rights, the Court determined that the continued suspension of the deportation was necessary to protect the applicant from imminent danger, thereby upholding the interim protective measure previously issued on December 14, 2016.