My appeal is rejected by the court- what can I do?

Question

Hi Wefugees Team,

My asylum was rejected last year and they have given me only one week to appeal against the decision .i appeal on time but unfortunately i have send the documents to wrong address and later after two weeks the lawyer told me that you have send the documents to wrong address , i went personally to the court and submit my documents and i told him that i appeal on time but i have send documents to wrong address .

yesterday i received refusal from the court with out inviting me for the an interview . they mention that i appeal late and also mention the reason what they have mention in the first refusal .

i am severe heart patient with schwerebehindert Ausweis 50 percent but they did not consider it .

please help me what should i do now ?

is there any Opportunity for me to appeal against the decision of the court and they invite me for an interview.

Is there any possibility they grant to stay on the basis of my illness.

further more they did not mention any date that i can leave Germany . your reply will be highly appreciated

Regards

Answer 1

Dear @Khan,

thank you for sharing your situation with us.

you could go in Berufung but your lawyer has to that and explain thre entire situation. Another option would be apply a second time( Folgeantrag--> at the BAMF) and argue thatdue to the health situsation the fact around your case have changed.

If the second case is rejected than you can appeal.

I hope this can help you, if you need further guidance please do not hesitate to use the community.

Best regards,

Nilab

Comments

Thank you Nilab for your prompt reply. One more question is there any possibility the court give me an appointment for hearing ? Or should I apply for new Asyl on the basis of my illness as I am severe heart patient having ICD implementable cardiac defibrillator which is artificial heart . I am declare 50 percent disabled and I have schwerebehindert Ausweis too .

At the moment I am doing Dual Studium and I have B1 German certificate and I worked two years on full employment.
I just want to receive stay on the basis of my sickness . Will they consider it .
It’s more then three years I am in Germany I need your quidance Nilab
Regards

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Dear @Khan,

you are welcome, we try always our best to answer timely.

As for your question:
I suggest first to go in second appeal and  if this is decided upon negatively then you can always apply a second time (Folgeantrag) at the BAMF.

I hope this helps you,
Best regards,
Nilab