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Hello

a friend of mine got Rejection of asylum claim based that he has already protection in Another EU member state but we want to know what type of  reject it is simple or etc...

they gave him 30 days to leave volauntry and two weeks deadline to appeal .

if its simple reject then when he appeal he can not be deported until decision ?

other friends actually got deport order and one week to appeal bcz they have protection already why is this different

Thank you
asked Dec 12, 2018 in Asylum proceedings by Hopeless

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1 Answer

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Dear @Hopeless,

Thank you for being such an active member of the Wefugees community! 

I'm sorry to hear about your friend's situation. I've had a look and found this definition by the "Asylum in Europe" website: 

http://www.asylumineurope.org/reports/country/germany/asylum-procedure/procedures/regular-procedure

If you scroll down, it explains the difference between a "simple rejection" and a "manifestly unfounded" rejection.

  • "Simple rejection: An appeal to the Administrative Court has to be submitted within 2 weeks (i.e. 14 calendar days). This appeal has suspensive effect. It does not necessarily have to be substantiated at once, since the appellant has 1 month to submit reasons and evidence. Furthermore, it is common practice that the courts either set another deadline for the submission of evidence at a later stage (e.g. a few weeks before the hearing at the court) or that further evidence is accepted up to the moment of the hearing at the court.
  • Rejection as “manifestly unfounded” (offensichtlich unbegründet) or as “inadmissible” (unzulässig): Section 30 of the Asylum Act lists several grounds for rejecting an application as “manifestly unfounded”. These include among others unsubstantiated or contradictory statements by the asylum seeker, as well as misrepresentation or failure to state one’s identity. For inadmissibility decisions, see Admissibility Procedure.
  • If asylum applications are rejected as “manifestly unfounded” or as “inadmissible”, the timeframe for submitting appeals is reduced to one week. Since appeals do not have (automatic) suspensive effect in these cases, both the appeal and a request to restore suspensive effect have to be submitted to the court within 1 week (7 calendar days)."

That is why you have two weeks to appeal with a "simple rejection", while having received a "manifestly unfounded" rejection only gives you one week to appeal. 

If your friend received two weeks time, the first case should apply to him. However, I'm confused by the fact your friend was told he already receives protection from another EU-country.

According to the sources, applications are rejected as "inadmissible" when Dublin applies (when the country suspects that another EU-country is competent for their asylum procedure), then you only have one week. 

Since I'm not a lawyer, maybe @Nilab can add anything?

There is another source I found that explains what happens during the time period: 

  • "Refugees who receive a "simple" rejection ("einfache Ablehnung") have 30 days to file a lawsuit. The deadline runs from the time you receive BAMF's rejection notice in your mailbox. The delivery date of this letter counts as the start of your deadline, so remember to keep the envelope safe to be able to prove the date of receipt later."
  • "In the case of "simple" rejection or when your urgent appeal has been accepted, you must not be deported during the court proceedings. Before the court concludes your case, you may keep your temporary residence permit ("Aufenthaltsgestattung") and continue to receive asylum seeker benefits. It often takes a long time before the court decides. You may have to wait for a year or more.
  • After you file the complaint, the Administrative Court examine your reasons for flight and the decision of the BAMF once again, i.e. the judges will read the minutes of your hearing, review your evidence, and then, usually invite you to a court hearing, in which you will be interviewed again. After all that, the court decides about your asylum application."

The document your friend received should state the kind of rejection he received and based on which kind it is, he can make an appeal. I definitely recommend him to seek support from a lawyer or legal aid service as well.

Please let us know if you have any more questions, I hope I could answer most of them!

All the best,

Isa

answered Dec 14, 2018 by Isa
The notification of rejection
is  ( inadmissible )unzulässig
I am also confused how come its 30 days to leave and two weeks to appeal
Dear @Hopeless, as for your further question, its simply the regulation. The 30 days means within this time theywill not deport you, after appeal and apssing of the 30 days they are legally allowed to deport you, if health or other issues(such as minor children or partner in Germany) do not prevent them legally to do so. As @Isa has answered very clearly you question, I hope we could assist you, if you need further guidance please do not hesitate to reach out to us. Best regards, Nilab
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