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I want to know the Advantages of simple rejection. Could someone clarify me on that
asked Apr 8 in Asylum proceedings by hafiz123

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Dear @Hafiz,

Thank you for your question.

The difference between a simple rejection (einfache Ablehnung) and a rejection due to an "obviously unfounded" (offensichtlich unbegründet) or "inadmissible" (unzulässig) asylum claim has been explained very well in this post a few months ago.

In a few words, with a simple rejection:

  • There is more time to appeal (14 days to file the appeal and 30 days to submit reasons and evidence)
  • No risk of deportation until the Court has ruled on your appeal (in the case you file the appeal on time)
  • More time to leave Germany voluntary, if you don't file an appeal (30 days)

On the contrary, if the claim has been rejected as inadmissible or obviously unfounded:

  • There is only 1 week to appeal
  • The appeal is not suspensive: it means that you need to file an extra emergency petition (Eilantrag) with your appeal, to ask to stay in Germany until the Court has ruled on your case
  • If you don't appeal or if your emergency petition is rejected you have the obligation to leave the country within one week after receiving your rejection decision 

Note that the conditions of the appeal (timeframe, obligation to leave the country) should be stated in the rejection decision.

I hope that this answer helps you! In any case, if you or someone you know received a rejection decision, I highly recommend you to seek personal legal advice as soon as possible. Please let me know if you need help with this!

All the best,

Safia

answered Apr 9 by Safia Advocate
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