Our appeal in court is pending - Can we get deported in the meantime?

Question

I am from pakistan i have applied for asylum with wife son my 2nd son born in germany 2016 and my case was rejected and we made appeal in the court and waiting for the court hearing but after 7 months he informed us that the court has declined everything 3 months before and he also did not know that and no chance to go against this decision. We talk to another lawyer he told us that we can apply for new asylum. But the bamf has rejected our 2nd asylum for the same reason. We have a apeal in the court still in the procees. We get duldung. During this procedure can they deport us or they wait for the court decision.

Answer 1

Hello @Imrank18

Welcome to our community and thank you for your question!

That depends on the circumstances of your case. Based on how you describe the situation it could happen that you get deported even if the court hasn't made a final decision on your case yet.

If you do a second application for asylum (a so-called "Asylfolgeantrag") BAMF usually rejects it. You can appeal against that (which you already did), but you have to file a so-called "Eilantrag" at the same court to postpone an imminent deportation. It's recommended to consult a lawyer for legal support in such cases. If you don't file an "Eilantrag" (or if it gets rejected) you can get deported before receiving the decision by court.

Best regards,

Thorgen