I made an appeal in court - will they accept it? What happens if I'm rejected?

Question

hey 

Schön guten tag 

I’m usman from pakistan living in germany since last year on asylum I’m actually direct came from pakistan and here my 1st asylum in europe in germany i came on visa of Lithuania and germany took my interview and reject my case according to dublin law and said you have to go Lithuania after i appealed and they reject that as well in 2 months and put duldung after that my wife admitted in hospital and they can’t deport me to Lithuania and i finished dublin transfer time and after that i got post from bamf that germany is responsible of my asylum and they will take interview in 2019 first quater because last stage of pregnancy but recently this 17 december i got new post they reject me as offensichtlich unbegründet and give time 7 days to appeal in court and at the end time my lawyer also backoff to said that i will not help you in that you need to find another new lawyer or if you pay me 1200 euro right now then i will make appeal for you after that i appeal in court on 19 on time and court worker said to me next month you will post me and my wife is actually confused will they accept my appeal running my case in court or they will also reject it on spot and put duldung on me they have my passports 

On other side I’m working full time and complete independent not taking any help and support from gov 

Confused in this what will happened next like they will give me date of hearing in court and if this how much time i will have so i will be prepare new proves regarding my case or they will see my appeal and reject on spot 

Please advise me I’m waiting of your positive thoughts

Best 

Usman ghani khan

Comments

Dear @Usmankhan27, Thank you for reaching out to us and sorry for the wait. I will do some research and get back to you shortly! Also, I can see that you opened two threads that include the same question. I will close them to avoid duplicates. Talk to you soon, Isa

Answer 1

Dear @Usmankhan27,

Thank you for waiting and sorry my reply took a bit longer. 

Let me make sure I understand your situation correctly:

1. You applied for asylum in Germany, but Germany has rejected your case based on Dublin Regulations and wanted to deport you to Lithuania, since Lithuania issued you a visa before
2. You made an appeal that got rejected as well
3. You then received a Duldung
4. Your wife is pregnant so you received a notification from BAMF stating Germany will hear your asylum claim after all in 2019
5. On December 17, you got another notification from BAMF stating you have been rejected as "manifestly unfounded"
6. You appealed this decision on December 19 in court
7. The court worker let you know that you will receive an answer next month?
8. Now you are unsure whether or not your appeal is going to be accepted or denied and how much time you have to prepare

First of all: I'm sorry to hear about this very stressful situation. 

What I found on the Welcome BW site about types of rejection and how to make an appeal, is the following:

"If your asylum application is rejected as offensichtlich unbegründet (manifestly unfounded) or unzulässig (inadmissable), you have to apply for a delaying effect. Only if this application is successful can you prevent yourself for being deported during the appeal process."

It is mentioned very often that it is important to not only appeal the decision, but to apply for a delaying effect: 

"Together with the appeal, you have to submit an „application for delaying effect“. On the website aktiv.fluechtlingsrat-bw.de there is a template for the appeal and for theapplication for delaying effect#000000</a>; font-family:calibri">"

The site also offers general information in English on perspectives after you have been rejected: https://w2bw.de/en/willkommen/nach_der_ablehnung_des_asylantrags_rechtshilfe_und_weitere_perspektiven

Also have a **** at this thread from our platform where a similar question has been discussed:

I got rejected and appealed in court - What are my chances to stay in Germany?

I can see that you have made bad experiences with your lawyer, but maybe reaching out to a pro bono legal aid service would help to receive more support with your case. Here is a list: ****://***.refugeelegalaidinformation.org/germany-pro-bono-directory

I will also link our asylum law expert @Nilab here, maybe she can have another **** at your case and give some advice.

Feel free to check out the sources I shared with you while you wait and let us know if you have any more questions.

All the best,

Isa