My Dublin appeal also has been rejected.I have below concerns,
1. Around what time deportation happens and will they inform me in advance
2. Is there any possibility to not deport also or it is happening as must?
3.Can I do ausbildung or Arbeit while with on Dublin decision.
4. How many appeals Do I have against Dublin decision.
5. Can I join with Social works?
6. Will they cut off my pocket money? If so when?
7.what is the process after completing 6 month. Do I need to reapply asylum or...etc
asked Dec 4, 2019 in Asylum proceedings by Dcooper | 784 views

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Dear Dcooper,

if you make an appeal against a Dublin decision, it mostly consists of two parts: a main appeal and an application for preliminary legal protection, often called in German Eilantrag. The time frame of 6 months in which the Dublin-deportation is possible, is counted from the date of a rejection of your "Eilantrag". The document from the court with this rejection is called "Beschluss". Your main procedure is not over and can take very long, but you can be deported nevertheless within 6 months after this first rejection.

If you had a positive decision in the first part but a negative one in the main procedure, the 6 months start after this rejection.

After 6 months of risk time are over, the Dublin deportation is not possible any more (under the condition you were not hiding or run away but were always in your place).

They won't inform you about the exact date of your deportation. But they can send you a letter with a claim to stay in your house or even in your room every night in a special period or give information where you are if you go away. If they come during this time and don't find you, they treat you as a hiding person and prolong the time for your deportation from 6 to 18 months.

In the court you can only do something against deportation if your situation is changed so that you get an important humanitarian reason to stay (you get very seriously sick, you got married in Germany, get a baby etc). Finding work or training is not such a reason.

Normally they won't give you a permission for work or prof. training if your Dublin procedure is not over. It is the reason for a working permission ban.

You can make only one appeal. As long as the whole court procedure is not over, you can bring new reasons if you get some, as I described before.

After the last change in the law they must shorten your social money to minimum (in the camp that means cutting pocket money) after a Dublin decision of BAMF, even if you applied against it. It can naturally also be the case after the negative decision of the court. Naturally you can always claim for a written decision about cutting money and let it be checked, best of all by a lawyer who specialises in social law and asylum. Sometimes you can have a chance in a social court but it is sometimes not easy to find help for that.

If you stay in Germany after 6 months the BAMF must take you in a national asylum procedure and check your asylum reasons. That would mean that the special reason for cutting money because of Dublin wouldn't exist any more.

Sometimes it happens nothing after 6 months for a long time. You can wait some weeks and than make a request to BAMF to check your case in a proper way. But first seek advice in a good councelling center, if you don't have a lawyer.
answered Dec 4, 2019 by Alla_fka
Hi Alla_fka,


That was a great explanation for my query. As 1 last question I'd like to clarify is there any chances to not to deport also?
as I said before, it depends if your whole appeal is rejected or only the first (urgent, preliminary) part. In the first case you still have the possibility to give the court new proof, for example a new attest from the doctor about a sickness which make your deportation impossible, or a new report about very bad conditions in the country to which you must be deported. In Dublin cases it is naturally difficult to achieve something without a good lawyer, and even with a lawyer it is almost impossible to fight against deportation to many EU-countries which are counted to be "ok" for asylum seekers. For example Italy has many problems but most of the courts in Germany decide that healthy men and even women without little children can live there.
Sometimes the best strategy is to sit still and not to remind the Ausländerbehörde that you exist. In very many cases they forget about you or can't prepare the deportation on time. There are very many people who have no chance in the court and just stay in Germany after 6 months. Naturally there is no guarantee for that, it is like a lottery.
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