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after got rejected by BFA and court, I can make a subsequent application here in Austria, my question is, can I make my subsequent application in Germany instead of Austria? is it possible according to European asylum law? when the first asylum case comes to an end in Austria to make a new asylum application here in Austria or any other country, I heard, have to wait 18 months from rejection court in Austria, if I make a subsequent application in Germany can I get a resident permit(with proper requirements) there?
asked Nov 9, 2019 in Asylum proceedings by seelan

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1 Answer

+1 vote

if you`ve already made an asylum application in Austria, Austria is responsible for your procedure, inclusive the subsequent applications. If you try to make a subsequent application in Germany, Germany can apply the Dublin Rule to send you back to Austria and the possibility that they will do it is really high. Only if you leave the whole Dublin area (all countries that apply Dublin) for at least 3 months and have a proof for that, Austria won`t be responsible for you any more. But in this case Germany must become a responsible country (no visum of another country, no finger prints or asylum application in another country during the new entry).

It is also possible that BAMF (German authority which handles asylum applications) decides not to apply Dublin in your case but to make a new procedure. The problem is then that, if they find out about the rejection in Austria, this procedure will be limited to the question, if you can present some new reasons or new arguments, proof etc. (some changing in your situation in the country of origin which had`t happened yet or hadn`t been known during your previous asylum procedure). Only these new circumstances can be the reason to make a new evaluation of your case after a rejection in another EU-country. It is so called "second" asylum application, and the rules are comparable to the rules for a subsequent application in the same contry. If your can`t present any important and serious new reasons, your application will be rejected in Germany as "inadmissible" and, different to a Dublin case, you will be threatened to be sent to your country of origin, not to Austria.

In each case of a rejection it is possible to make an appeal to a cout, but the chancen can be low, it depends on an individual case. You always need a consultation of a good lawyer of a good councelling center on an individual basis.
answered Nov 10, 2019 by Alla_fka
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