A Russian man who was deported from Germany in 2017 as a potential Islamist threat is now barred from re-entering the country, even to visit his family. The Oberverwaltungsgericht (OVG) Bremen has confirmed that the man, who was 18 at the time of his deportation, has not sufficiently distanced himself from the Islamist State (IS).
The man was born in Dagestan, a Russian republic in the North Caucasus, and grew up in Bremen. In 2014, the city authorities prohibited him from leaving Germany, suspecting he wanted to travel to Syria. An investigation was launched, and in 2017, he was classified as a Gefährder, or a person posing a threat to public safety.
The Senator for Inneres ordered his deportation to Russia under § 58a of the Aufenthaltsgesetz (AufenthG), which allows for the expulsion of foreigners deemed a threat to national security. The man appealed against the deportation but was unsuccessful. The Bundesverfassungsgericht (BVerfG) refused to hear his case, and the European Court of Human Rights (EGMR) initially halted the deportation but later lifted the stay.
In 2022, the Bremer Innensenator imposed an indefinite entry and residence ban on the man, citing § 11 Abs. 5b of the AufenthG. The man challenged this ban, and the Verwaltungsgericht (VG) Bremen ruled in his favor, overturning the decision. However, the Freie Hansestadt Bremen appealed to the OVG, which has now upheld the ban.
EU Law and Entry Bans
The OVG had doubts about the compatibility of the German regulation with EU law, specifically the Rückführungsrichtlinie (RL 2008/115/EG). This directive governs how member states deal with individuals from non-EU countries who are obliged to leave. The directive defines an entry ban as a measure prohibiting entry for a “specified period” and states that such a ban should not normally exceed five years.
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However, the directive does not explicitly address whether an entry ban can be imposed indefinitely. The OVG therefore referred the question to the EuGH, which ruled in April 2026 that member states can, in principle, impose indefinite entry bans, provided they consider all the circumstances of the individual case.
The 2. Senat of the OVG has now confirmed that the indefinite entry ban imposed on the Russian man is proportionate. The court based its decision on the man’s attitude towards the IS, which it found had not changed sufficiently. The man had argued that he wanted to visit his parents and siblings, but the court considered this reason less significant than the public interest in preventing his re-entry.
Decision and Further Appeal
The decision is not yet final, as the man can still appeal against the non-admission of the revision to the Bundesverwaltungsgericht (BVerwG). The OVG did not admit the revision, but the man can file a complaint against this decision.
The OVG’s decision highlights the challenges of balancing individual rights with public safety concerns. In this case, the court has prioritized the latter, citing the man’s failure to distance himself from the IS. The decision may have implications for others in similar situations, where the authorities must weigh the risks posed by an individual against their right to family life and other fundamental freedoms.
