I have Duldung since I withdrew my asylum application - can I apply again based on my homosexual orientation?

Question

Hi all,

I came to Germany because my brother sponsored me to come here in 2014. I applied for asylum later and then I became really scared of the questions they mailed to my house, so I decided to withdraw my asylum application, at that time I did not know the negative consequences this could bring, so now the BAMF placed me in Duldung. I have the plastic aufenthaltstitel but I want to get out of this very bad status. I am not a criminal and have not caused crime or anything that negative. I am really afraid of going back to Syria because I am homosexual.

What can I do?

The first time i applied for asylum was through the  Red Cross, I had not given BAMF any information ..., did not answer any questions or neither had an interview. Can I apply for asylum again based on sexual orientation?

I also have Schizophrenia since 2002 and has been in treatment ever since with medications. At this time I can not work.

Again I really want to get out this Duldung.

I understand that I can also apply for permanent residency in Germany starting May 2019 but I have an illness and I am not able to work but I have my own income (i do not receive unemployment money from the government). I also have a Schwerbehindertenausweis with 50%    Disability rate.

Can I apply for asylum again and claim my sexual orientation as a ground for that?

Thanks in advance.

Answer 1

Hello @Yel1981

Welcome to our community and thank you for your question!

It's possible to apply for asylum even if you withdrew your first application. It's called a "Folgeantrag". In order to be successful with such a second application you need to provide convincing evidence to prove that your personal situation respectively the situation in Syria changed for the worse since your first application. You have to show that there is new evidence that hasn't been known or taken into account during your first process. In your case it might make sense to provide a medical report about your Schizophrenia and to tell them about your sexual orientation to show them that you would face an unbearable situation in your home country if you were sent back.

This is a complicated matter and there is a lot at stake for you. That's why I highly recommend you to get in contact with local counselling centers and/or a lawyer that can take a closer **** at your case. If you tell us where you live we can help you to find such organisations.

I understand that I can also apply for permanent residency in Germany starting May 2019

I'm sorry to tell you, but I'm afraid that this won't work. The time you spent in Germany with the legal status "Duldung" does not count when it comes to an application for permanent residence permit. You need to be an acknowledged refugee or to have subsidiary protection for that.

Best regards,

Thorgen

Comments

I live in Bonn (Nordrhein-Westfallen)

---

Alright, there are plenty of organisations that you can get in contact with.

For example "Amnesty International", they can help you to prepare the hearing (Tel.:  0228 - 965 31 91 - Mail: asyl@amnesty-bonn.de).

Or you can go to "Caritas" at Haus Mondial (Fritz-Tillmann-Straße 9
53113 Bonn). You need to make an appointment first (Tel.: 0228 26717-0 - Mail: mondial@caritas-bonn.de).

The third option is "EMFA" at Brüdergasse 16-18, 53111 Bonn. You can go there on Tuesday between 10-12h or on Thursday between 15-17h. You don't need an appointment, but here is the contact information anyway: Tel.: 0228 - 69 74 91 - Mail: emfa@bonn-evangelisch.de

I hope this helps!

---

Thanks very much. My concern now is that what if I am going to get a negative response, what happens to my status then? Of course if I get a negative decision I will appeal. I do not want this to backfire at me, like the last time

---

I am in this same situation now I really need help how to go through it