Please help! Complicated asylum and family visa can’t say which one will be the right visa

Question

Dear Sir Madam,

A quick response will much appreciated!

Respected memebers of Wefugees First of all thank you very much for taking out your precious time and helping so many other like me.

Today I am writing here about my brother situation

His an Afghan so I am his older brother

His holiday refugee  status/ Geneva  conviction 1951 documents which has been issued in Greece

So two years before he meet a German girl in Germany and now he have twins daughters

When the babies born the children place in German government give half right to mother half to my brother

Now babies or nine months but still without a passport and birth certificate They don’t issue any birth certificate 

I think it’s All is wrong Why it has to be like this

So first time when my brother visited  Ausländerbehorde they said to my brother when the babies born come to us

After that it’s two years more or less my brother is running to  Ausländerbehorde Without having any answer from them What to do or not to do my brother was really upset with his girlfriend one day they shouted much in the Ausländerbehorde then they told him you’re unclear person here

 So after months running they told him this and they said we need an Afghan passport or I’d card Which they should say in the first time

So my brother answer was I am a refugee I cannot travel to my country I am not safe and I cannot visit my embassy I am a political asylum

So they only disturb my brother for all this months

Then they said to my brother after months visiting and again shouting to clear his situation or tell him what to do where to go then they said to my brother Now go to Greece and apply from the embassy

So he applied at the embassy everything was okay at the embassy they accept everything and his Greece documents after the contact of the embassy with Ausländerbehorde again the same story Passport and I’d card

At the Ausländerbehorde they said to my brother your a unclear person we don’t accept your Greece refugee status here

We need you to bring us an Afghan national ID card or passport

Which my brother ’cannot provide because his not allowed to visit afghan embassy with refugee status

Then without asking my brother and his girlfriend opinion they court send a letter it said on it If you want or you don’t want we put babies family name ......... they put babies family in the girl family name who is my brother girlfriend family name

So all this time my brother is here and running to Greece without any documents any job any health insurance and all the responsibilities of family and babies

So no one care and my brother taking medicine stress medicine and his broken hopes as well his girlfriend

So it’s really horrible to have a life like this and now it’s the second time they receive a letter from the police It said on it we think you’re in Germany with your girlfriend babies and you don’t have to be here
First time my brother was in greece when his girlfriend received the first post they informed the police so now my brother is back here in the last efew weeks and now again the new post come
Which kind of law is this?
without any crime any mistake why a person has to be punish like this?
 

So now the questions is
Do he has to apply asylum in germany or what else he can do?
We need a lawyer to fight for my brother and his rights
and who did all this to him They have to pay a fine
And my brother is under much loan Because of his sitaution he got much loans from people to live life like this and run to Greece and come back in all this time That’s why he got much loans without getting any support or help from Germany and Greece

This is not a life its a hell!

I think I don’t have to be upset from the law but we want to know Where is my brother fault and why they have to be punished like this 

We need your help and advise please

Thank you very much in advance

Kind regards
Wz

Answer 1

Dear @S, I am really sorry to hear about your brothers situation. I will do some research and get back to you asap. Until then if any other question arise please do not hesitate to address them here. Best regards, Nilab

Comments

Dear Nilab, Thank you very much for the quick response
It’s okay I am waiting
Hope I get a reply soon
Because my brother is waiting to do asylum or not
Best wishes
S,

Answer 2

Dear @S, 

sorry for having kept you wait but I had to do some research: 

1. Do he has to apply asylum in germany or what else he can do?
2. We need a lawyer to fight for my brother and his rights and
3. who did all this to him They have to pay a fine

As for question one: 

He should not apply for asylum, he will be rejected due to Dublin Regulations and send back to Greece. The best way is the family unification through the Embassy, that he has already started with. 

The Ausländerbehörde has to accept the Refugee Passport from Greece as it is regulated by the Geneva Convention on the Status of Refugees under Article 28: 

"2. Travel documents issued to refugees under previous international agreements by parties thereto shall be recognized and treated by the Contracting States in the same way as if they had been issued pursuant to this article."

****://***.unhcr.org/3b66c2aa10

Germany is a contracting party and Greece aswell, therefore the Ausländerbehörde cannot deny you the status on the ground of the passport. 

In regards to your second question: 

The best way would be to get a lawyer in Germany, through the partner of your brother. 

In regards to your third question: 

If you want the authoroties to pay fine, you need to claim a case against them in the court, but if it will be successful is not foreseeable. 

I hope we could help you, I wish you and your family good luck. If you have further questions, please do not hesitate to contact us on the platform. 

Best regards, 

Nilab

Comments

Dear Nilab,
Thank you very much for your very meaningful information
I really appreciated
Yes his holiday Geneva convention 1951 document
Still the Ausländerbehorde don’t accept that
So how we push them to accept it
They have to respect their own law
How we deal with Ausländerbehorde
And all this problems they created for my brother
Like loans
It’s because they don’t accept the documents which they should accept
That’s why I said we want to complain at the court so the person who is responsible for my brother case at the Ausländerbehorde and he disturbed my brother
They have to pay a fine
One day my brother  with his girlfriend went to the job center
It was a shock for us when I heard that
The woman at the job center said to my brother go out from the room
You’re girlfriend can stay here
Because the room is getting hot
I don’t forgive all this
We will go to the court media whatever comes up
Why they have to disturb and disrespect to someone in this way
Please just let me know
How we can complain at the court against all this?
And we live in Leipzig