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I came to Prague International Airport on 11th of July which Czech Republic Schengen visa. At the same time I came to Germany and applied asylum on 1st of August. After both hearing process on 20th of October I got Dublin decision. Then 6th of November I I did appeal against that and that also rejected. I got rejection letter on 20th of November. My question is ,
1. I don't want to go back to Czech Republic and apply asylum there. And I didn't apply asylum there also.
2. If I wait 6-months in Germany and apply asylum in Switzerland or Norway. Will it be Dublin again towards to Czech Republic or Dublin to Germany. Reason I am enquiring about this I am afraid about Czech Republic asylum process. I am happy to apply in any other European country rather than applying in Czech Republic.
asked Dec 5, 2019 in Asylum proceedings by Taniya

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1 Answer

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Dear @Taniya

Thank you for sharing your situation with the Wefugees Community! 

As the Czech Republic initially issued the Schengen visa and you entered that country first, it will also stay to be in charge for your Asylum procedure. 

However, if you stay in Germany now for more than 6 months after the final decision of the court without hiding yourself, and the authorities do not deport you to the Czech Republic, your case might be transferred to the German government. 

Am I right on this, @Infoverbund and @alla_fka

All the best, 

Meike

answered Dec 6, 2019 by Meike
What if I go to Switzerland and re apply there.then the case will be return to Germany or to Czech Republic

Dear @Taniya

The Czech Republic will still be responsible for your case. 

Let’s wait for potential additional info by our experts also. 

All the best, 

Meike

Thank you so much for your kind advises.it's really helpful.
Hallo,
Germany has 6 months time after the rejection of your application for a preliminary protection (in German "Eilantrag") to deport you. If you hide, the time prolongs to 18 months. During this time Chech Republik is responsible and if you move to another EU-country and make your application there, they will try to deport you to the Chech republik. The 6 month-time there must normally start after the agreement of Chechs to a new request to take you.
If you stay in Germany for more than 6 months and are not deported to the Chech Rep., Germany will take the responsibility for your asylum. After that, if you move to another country, they will try to send you to Germany.
Thank you for your valuable comment and also would like to check percentage of deportation and what are the possibilities
I have no information about the percentage for Chech Rep. and it won't bring you much because it can depend more on your Ausländerbehörde or on the activity of BAMF in your case. It is always very individual. It is known that in general much less than a half of all people who can be deported for Dublin reasons are deported in reality.
If your main procedure in the court is not over you can still ask for changing the first decision if you have heavy reasons like a very serious sickness which makes the deportation impossible. You must have such attests from doctors. Otherwise it is mostly better to sit still and hope that they forget about you for 6 months, not to remind that you exist.
Thank you so much again for the valuable advise, Ausländerbehörde means which is belongs to the stadd or a different one? Because, our id's are expired and gave new papers to stadd Ausländerbehörde for process the new one.
The BAMF decides about your deportation and discusses the practical way with the Chech authority. Then they give the order to your Regierungspräsidium, which department your Ausländerbehörde is. And they send police or some special group (I have no idea how they make it in different parts of Germany but perhaps it is not so important for you) to take you and bring to the airport (bus usw.). The BAMF prepares your deportation, the Reg-Präsidium / Ausländerbehörde make the job. At least so I understand the procedure in our federal state.
Thank a lot for your prompt help. I was so confused. As 1 last question I'd like to clarify below.

My ID has expired in 16th of November. My stad rathahaus gave me letter and asked me to go to Kreishaus and get the new ID. I already handovered my documents to Kreishaus. Will it be problem for me?  Can I go back and get my ID or better not to go?
What do you mean with ID? Your German Document - Duldung? Aufenthaltsgestattung? In general you must prolong your German identity document or you stay illegal. It is not impossible that they take you in the Ausländerbehörde but my knowledge is that it not a usual kind of Dublin deportation, especially if you didn't try to hide yourself before.
You must understand that we can't give a special advice for every individual case. The practice is different in different regions. It is very important that you make contact to councelling centers in your area or - best of all - to a lawyer who specialises in asylum law.
Thank you for your reply.

I mean Aufenthaltsgestattung. It's already expired. Required documents already gave to kreis Haus. Do I need to follow up again? Of I follow up will it be reminder for them to deport me.
You must follow up or you won't have any legal document at all. I presume they will exchange your Gestattung for Duldung, as you are rejected in the court. If the Ausländerbehörde notices that you don't come to the appointment, they can perhaps earlier get an idea to seek for you. To hide is not a good strategy, as the time to deport you prolongs to 18 months (as I wrote before).
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