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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 by Isa
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