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Hello, please i need a help on what i can do on my dublin case,  me and my Germany fiancee have summitted Our marriage papers at the rathaus, waiting for them to verify it in my Country, but on my asylum case the court has decide due to dublin for me to go back to italy, please i dont to go back i need a good idea on what i can do to avoid been deported before my marriage date is out. I can no longer sleep at night, please wafugees help me out.
asked Jan 18 in Legal advice by Marviswhite

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Dear  @Marviswhite,

I'm very sorry to hear about your situation.

If your case is affected by the Dublin III Regulations, Germany has to adhere to certain time-limits to make a "takeover request" to Italy. Do you know how far your case is already? If Italy has either approved the take-over/ hasn't replied within a deadline so Germany understands it as an approval, Germany has six months to deport you. 

Please have a look at my answer from this thread for a more detailed explanation: Dublin regulation - when does the 6 months deportation limit start?

Have you already consulted a lawyer or spoken to a legal aid service? 

Depending on how far your asylum case is, you may have time until the six months start (which would give you time to get married). But, as I'm not a lawyer, I would highly recommend to seek legal advice from a lawyer or a refugee support service! 

Here is a list of pro bono legal aid in Germany: http://www.refugeelegalaidinformation.org/germany-pro-bono-directory

ProAsyl can help as well: https://www.proasyl.de/en/our-network/

I hope this information helps a bit, feel free to get back to me or the community if you need any more assistance.

Take care,

Isa

answered Jan 21 by Isa
Oh thanks for your responds, prior to your question, i took a lawyer before to make the appeal but the court later make their final decision on 27/12/2018 that i have to go back to italy and italy have already denied my appeal before i left there to Germany,   please what will be the best Suggestion to do to avoid deportation before my marriage date is out, if possible that we can talk over the phone i would really be grateful bro..

Hey again @Marviswhite

Thank you for waiting and for reaching out to us again. I'm sorry to say that we don't offer support via calling :-( 

But - I shared a few helpful links with you before, of places that do offer support via phone and in person. You can reach out to them and make an appointment! 

Regarding your question: I've had another look at the reasons when a deportation can be avoided. Legal deportation obstacles would also be the "unmittelbar bevorstehende Eheschließung" / imminent wedding (if it is going to happen very soon). However, that only applies if the verification process of the conditions to get married has already been completed and if the engaged couple is not the reason why the marriage hasn't been conducted yet. 

Source:https://www.nds-fluerat.org/leitfaden/8-perspektiven-nach-negativem-abschluss-eines-asylverfahrens/65-droht-die-abschiebung-oder-musskann-eine-duldung-erteilt-werden/ 

To make sure you know all your rights, I believe it's best to reach out to said support services. I hope it works out. 

Best, Isa

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