What happens to my Duldung if I apply for asylum again (Asylfolgeantrag)?

Question

Hello

I m rejected in first appeal but now I made second appeal . If it also reject and I will get Duldung . My question is when I take refugee second time in same country. Will my Duldung be still or it will be removed with second time Asyl ?

Answer 1

Hello @Zichako

If you got Duldung and you appeal against it successfully you will be granted another another type of legal status (e.g. subsidiary protection or you will be a fully recognized refugee). If your appeal fails, you will still have Duldung.

It is not possible to apply for asylum a second time. You can only appeal after a first decision has been made on your case.

I'm not sure if I understood your question correctly. Please specify it in case I missed the point.

Best regards,

Thorgen

Comments

I mean to say that after BAMF negative decision and i did appeal andI got again rejection from the court and now I made second appeal in the court .
So my second appeal is going on in the court.
If I get again negative decision from the second court then eitherthey can send me or give me Duldung .
What can I do ?
Can I do asylfolgeantrag? And if I got Duldung and after apply asylfolgeantrag do I have Duldung or Aufenthaltgestattung?

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Hello @Zichako

If your appeal gets rejected you will either get a Duldung or you will have to leave Germany "voluntarily". If you don't do that it can happen that you will get deported back to your home country which will also result in an entry ban.

You can do an Asylfolgeantrag, but it only has a chance of success if you can provide fresh evidence that hasn't been taken into account during your first procedure yet.

If you apply for Asylfolgeantrag you will keep your Duldung until BAMF decides whether they start a second procedure or not. Only if you get a second procedure they will issue an Aufenthaltsgestattung for you. If they decline it you will keep your Duldung.

Best regards,

Thorgen