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Hello respected experts, my name is Muhammad Ibrahim i m Pakistani national and i have been living in Germany with my two daughters and my wife in the province of NRW since 2016. First we applied for an asylum but we got rejected after 8 months then i appealed in the administrative court with the help of a lawyer and also got rejected and we were given duldung. Meanwhile my younger daughter was studying in school in 8th grade and me and my other daughter completed A1 and A2 language courses. Our lawyer applied for AufenthG and ban on deportation but we were given negative decision and were given one month for voluntary departure to our home country. Our lawyer filed an appeal again but we were not feeling safe and we left Germany on our own. Right now we are in France but we are not allowed to apply for an asylum due to dublin lll , telling them that we got negative decision from Germany and they will deport us back to home country, didnt helped us and we are given transfer letter from France to Germany via airplane.

The question is that if we go back to Germany what are the chances that what will happen with us ? Or is there any chance that we can apply for asylum here in France?

I m a diabetic patient, my wife has cardiac problem and my one daughter is handicapp, but none of the authorities in Germany and France considered her handicapp. We are under treatment in France right now and we have written certificates from the doctors here in France that this treatment is necessary for us and if it stopped there will be serious issues with our health.Meanwhile if we go back to Germany i dont know what will gonna happen.

asked Dec 12, 2019 in Legal advice by classicibm

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Dear classicibm,

from Germany it is difficult to assess the practice of Dublin deportation in France, In general I think the french authorities wouldn' consider Germany a "bad" county in which your medical treatment and therefore your lives are in danger. The medical treatment in Germany is on a good level and even asylum seekers normally get necessary measures  if they have acute problems. In Germany asylum seekers or people with Duldung don't stay without housing (like for example in Italy), get food and minimum of help for their existence. The fact that you are rejected in Germany wouldn't normally influence the decision of France, as far as the asylum procedure in Germany isn't counted as disagreeing with the european guidelines.

In France you have a possibility to make an appeal in the court against Dublin decision, like in each EU-country. But the chance can be low. Anyway if french authorities don't deport you during special time, you can stay in France and make your asylum procedure there. Normally this time is 6 months after the agreement of Germany to take you back. In Germany if you make an appeal to the court, this 6 month time starts again after a rejection of the court. I have no idea if the court procedure in France also have influence.

If somebody in your family is so sick that this person can't be moved (for example is in a hospital), then it is possible that France doesn't deport you within 6 months even if the court doesn't stop it. Or sometimes the deportation just doesn't take place, nobody knows why.

But I have no idea about chances for Pakistani in an asylum procedure in France or about chances for humanitarian protection because of health problems.

If you come back to Germany, you can make subsequent application (Folgeantrag) but you need new reasons, for example new attests from doctors showing something bad which was not discussed in your previous asylum procedure.

For everything which relates to France it is important to find a good councelling center or a lawyer there. The same is important in Germany because it is not possible to discuss any detail online.

answered Dec 14, 2019 by Alla_fka
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