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Hello wefugees, please I have been granted subsidiary Protection under 25 abs 2 and I was told by the ausländerbehorder to go for passport from my embassy because they will not give me any passport but I have see alot of my friends with the same subsidiary Protection under 25 abs 2 with 10years grey passport from the same ausländerbehorder but I don't understand why they're asking me to go and get passport from my embassy. And I have a reason why I can't get passport from the embassy, please here are the reasons:

1) I was born in south Sudan but was taking out from there when i was six months old baby and I have never been there.  I grew up in Libya  and I don't have any family or friends there in south Sudan.

2) South Sudan embassy doesn't issue passport in Germany here and it's stated on the website that anyone who needs passport must travel to south Sudan which I can't travel to south Sudan because I have no birth certificate and also no details of my dad family background and my mother was also orphan from Ghana without no family and also never been to Ghana before.

Please my question are ;

1) Can I get passport from south Sudan embassy as I have no birth certificate and no details on my dad family history?

2) will I get passport from Libya as I grow up there?

3) can I get passport from Ghana as my mother from there  but she has no family background?

South Sudan was the country which was written on my documents here in Germany because they said where I was born is where I'm from.

Please I'm really confused now , someone should help me.
asked Feb 16, 2019 in Asylum proceedings by Denny28
retagged Feb 20, 2019

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1 Answer

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Dear @Denny28,

Thank you for reaching out to us again and for contributing to our interactive platform with your question.

I understand why you are confused about your situation and there have been a few cases on our platform where people were asked to acquire a passport from their "home country". 

As the following website explains, people who have subsidiary protection like you are obligated to take part in the acquisition of their passport/ papers stating their identity. For people who received a positive BAMF decision, receiving a residence permit mustn't depend on the submission of the "home country" passport. Also: if the acquisition of said passport is "unreasonable" (unzumutbar), you receive replacement papers for your ID (according to §48 Abs. 4 AufenthG). 

The exact words in German:

Subsidiär Schutzberechtigte sowie Personen, bei denen Abschiebungsverbote vorliegen sind zwar verpflichtet, an der Beschaffung von Identitätspapieren aus dem Herkunftsland mitzuwirken. Die Erteilung einer Aufenthaltserlaubnis aus dem positiven BAMF-Bescheid darf aber nicht von der Vorlage eines Heimatpasses abhängig gemacht werden. Ist die Mitwirkung an der Beschaffung unzumutbar, erhalten sie Ausweisersatzpapiere (siehe § 48 Abs. 4 AufenthG).

Source: https://www.asyl.net/themen/weitere-themen/passbeschaffung-und-ersatzpapiere/

For people how were granted asylum or refugee protection, going to the "home land" embassy to acquire a passport can even lead to the termination of their protection title. Therefore, they receive the passport for refugees. 

As another source states, people with subsidiary protection usually do not have an entitlement to German documents/ passports for refugees. They are only issued in certain cases: if there is no embassy of your "home country" in Germany; if the embassy is denying to give you a passport, because of reasons you are not responsible for (e.g. your nationality); or if the acquisition would be bound to unreasonable conditions (e.g. having to pay a bribe/ putting family members in danger/ or else). This is further explained in §5 AufenthV

Source (please use a translation program for an English version): https://www.nds-fluerat.org/leitfaden/10a-fluechtlinge-mit-aufenthaltserlaubnis-nach-25-abs-2-satz-1-alternative-2-aufenthg-subsidiaer-schutzberechtigte/10a-1-aufenthaltsrechtliche-situation/#sdfootnote6sym

If you have an unclear origin and the embassy wouldn't issue you identity papers - or acquiring your passport could put you or your family in danger (or you'd have to return...) - it should be reason enough to apply for receiving a German replacement ID. 

The websites advise to reach out to a refugee council/ legal aid service for refugees to have a closer look and see whether or not you have a chance to get a refugee passport. You can tell us where you live and we can look up some contact details. 

I hope this information helps. Feel free to reach out to us again if you need any further assistance!

All the best,

Isa

answered Feb 20, 2019 by Isa
Hello Isa@
thank you for your answer.  Please I live in Landkreis Harburg ( 21423 Winsen luhe).  I will be glad to receive the direction. Thanks once again
Hello please I got a letter from the ausländerbehorder of Landkreis Harburg to submit a letter from the embassy of south Sudan and reason why they can't give me south Sudan passport but when I called south Sudan embassy and explain everything to them, they told me they can't issued any letter to me without providing any evidence or details about my family in south Sudan and I told them I was taking out of south Sudan when I was six months old baby but they told me to go collect letter from where I grow up which is Libya. And If I come to embassy,they'll not give me any letter because I don't have any documents that shows that I am from south Sudan or was born in south Sudan.  Please what should I do ? Any advice.  Thanks
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