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I got negative result from German court on 15.5.2018 and till now I'm still on Duldung   When is my Dublin case supposed to expire? What am i supposed to do? I need advice and answers from you all please.
asked Dec 30, 2018 in Legal advice by Xtino
edited Dec 31, 2018 by Xtino
Dear @Xtino, Thank you very much for your question! I'm not sure I fully understand your situation. You have received a rejection- Have you appealed the decision? Have you been rejected because you were registered in a different "Dublin country" before (which country)? Please get back to me with this information and I will have a look. I will respond to questions again on January 2, 2019. All the best, Isa
I appeal to court and the court still gave me negative. The Cour gave me negative on 15.5.2018.
I did appeal but I still got negative since May 15th and I'm still on Duldung. What do I now?

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1 Answer

+1 vote

Dear @Xtino,

Thank you for getting back to me so quickly. 

I think I understand what you are asking now - you have been rejected twice in Germany and are wondering what your options are to stay in Europe, is that correct?

First of all: Here is some really important information about your Duldung status and your options from the Flüchtlingsrat Leverkusenhttp://www.fluechtlingsrat-leverkusen.de/eng/3.4.5_duldungen.htm

As it says on the website, 

"Duldung means that

  • the allocation to a community persists,
  • the limitation of freedom of movement persists and can even be intensified,
  • a residence permit for family members is excluded, and
  • a work ban can be placed.

An obligation to leave Germany arises if the reasons for escape in the asylum request were rejected and the rejection is legally binding.

Note: If you receive a notification on the legally binding rejection of your asylum application you should immediately inform the alien’s office in writing that you are willing to return voluntarily."

Regarding your second question: If you are asking whether or not you are able to claim asylum in a different EU-country (is that what you mean by "When is my Dublin case supposed to expire"?): You won't be able to claim asylum in any other EU-country after claiming asylum in Germany, even if it was rejected, due to the Dublin III Regulations. 

There is, however, a way to avoid Dublin III. If you leave the EU for more than three months, your case can be viewed as "reset" - which means applying for asylum again in a different EU-country becomes possible. Please read more about it in Marcel's answer on the following thread:

 Claim asylum for second time in EU

Also, you can have a look at this explanation of Dublin III by openmigrationhttps://openmigration.org/en/analyses/what-is-the-dublin-regulation/

Have you reached out to any legal advice centers/ lawyers yet? I would highly recommend it, as they are able to have a closer look at your case and give you a more detailed answer on the options you have. 

Do feel free to reach out to us again if you need any further assistance!

Kind regards,

Isa

answered Jan 4, 2019 by Isa
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