In a heart-wrenching decision, the Administrative Court in Magdeburg, Germany, has denied Yerro Gaye’s urgent appeal to remain in Germany, paving the way for his deportation to Gambia on October 15. Gaye, arrested on September 30, and his fiancée, in a committed relationship since 2023, had hoped for a residence permit under European law, which protects the family life of EU citizens with non-EU partners. The ruling, delivered just 30 minutes after a rally by the “Solidarity Movement” (Solimo) outside the court, has ignited widespread condemnation.
Over 2,800 petition signatories and prominent figures, including German parliament members Kassem Taher Saleh and Steffi Lemke (Bündnis 90/Die Grünen), Ferat Koçak, Clara Bünger, and David Schliesing (Die Linke), as well as refugee councils from Saxony-Anhalt, Berlin, and Saxony, supported Gaye’s case. They argued that the deportation violates the Freedom of Movement Act and the fundamental right to family protection. Despite this, the court upheld the Haldensleben Immigration Office’s claim that Gaye and his fiancée are not in a relationship, dismissing substantial evidence, including photos, identity documents, and correspondence with the Berlin registry office.
Gaye’s lawyer slammed the decision, highlighting “questionable” arguments based on “inaccurate facts.” The immigration office falsely claimed that Gaye’s passport was found during a home search, when in fact he had voluntarily submitted it to prove his identity. The authorities also denied knowledge of the couple’s engagement, despite being informed in August of marriage preparations. “This was not a careful investigation but the enforcement of a preconceived position,” the lawyer stated, accusing the authorities of deliberate misrepresentations.
“I firmly believed European law would protect us,” said Gaye’s fiancée, devastated but resolute. “We will not give up.” From deportation detention, Gaye thanked supporters, saying, “Your voices give me strength. I will not give up.”
The ruling has fueled accusations of judicial bias, with organizers suspecting the court timed its decision to avoid protests. A rally is planned for October 15 at Frankfurt Airport’s FreeBird Airline counter to protest the collective deportation to Gambia. “When did it become a crime to live with your loved ones?” Gaye asked, echoing his supporters’ sentiments, who question whether this is justice in Germany.
