Subsidiären Schutz + Lawyer/Beratung Recommendation

Question

Hello Community,

My partner received his answer from BAMF and was given Subsidiären Schutz.
With all the pages and pages of information, on and offline, it is still unclear what his rights are and what we should do.

I am pretty sure we need some legal advice... and it needs to be fast since we only have 2 weeks from 14.6 to appeal if he chooses to do so.

Questions:
1) Should he appeal? Is it worth it?
2) If he doesn't appeal, what are his rights?
3) Can they deport him later if the laws change?
4) What happens after the Subsidiären Schutz is over?

Thank you so much for your input.

Comments

Hello @nyberlin - nice to hear of you again. I will link @Marcel and @Steven . They are lawyers and can share their expertise with you. Best regards, Thorgen

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Thank you so much @Thor! We are so thankful you guys are here!

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I'm glad to hear that :) Thank you

Answer 1

Hello @nyberlin

Concerning your 1.) question:

I found two leaflets about how to proceed after receiving Subsidiären Schutz. They both advise that you get in contact with a lawyer that is specialized on asylum and/or migration law.

The obvious problem is that lawyers are expensive - but at least the state will compensate the costs in case you win and you can apply for "Prozesskostenhilfe" (legal aid) beforehand when making an appeal. In addition your lawyer can apply for financial support by the association "Pro Asyl". That is helpful since it is common to pay a certain amount of attorney's fees in advance which can be a challenge for refugees with a limited budget.

Still it seems to be a good idea to appeal. Especially because the decisions by BAMF seem to be arbitrary. For example Syrians get Subsidiärer Schutz since March 2016 way more often than before, even though the situation in Syria did not get better at all. Still they would have to fear persecution and a life-threatening situation if they would go back. Therefore they technically have a right to get a refugee status.

Plus: people with Subsidiärem Schutz can not make demands on family reunion until March 2018. So if your partner has relatives in his home country that he wants to bring to Germany (and that fall under the regulations of people entitled to take part in family reunification process) it is a good idea to appeal.

Sources (both German language):

****://***.fluechtlingsrat-lsa.de/wp-content/uploads/2016/06/160613-flüra-st-infoblatt-subsidiärer-schutz-final-deu-1.pdf

https://***.nds-fluerat.org/wp-content/uploads/2009/02/20160501_Leitfaden-für-subsidiär-Schutzberechtigte_DEU.pdf

Here is the results of my research concerning your 4.) question:

After the Subsidiärer Schutz is over (after 1 year) it can be extended for another 2 years. Your partner has to apply for this extension while the 1-year period of validity of his Subsidiärer Schutz is still ongoing.

After applying the Ausländerbehörde (aliens department) will check if the situation in his home country changed for the better or if there is still reasons to provide him with shelter. If they come to the conclusion that the situation got better then the BAMF will further investigate if the circumstances changed drastically enough to deny an extension of Subsidiärer Schutz.

Keep in mind to apply for the extension at an early stage because then he will be treated as someone who still has a valid residence permit until the decision of Ausländerbehörde. Even if it's already past the original expiration date.

Source (German language): https://***.nds-fluerat.org/leitfaden/10a-fluechtlinge-mit-aufenthaltserlaubnis-nach-25-abs-2-satz-1-alternative-2-aufenthg-subsidiaer-schutzberechtigte/10a-1-aufenthaltsrechtliche-situation/

I hope this helped to clarify the situation. If anything remained unclear, feel free to ask.

Best regards,
Thorgen