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Hello everyone,

I have had an Aufenthaltsgestattung  for one year I went to renew it they gave me Duldung but I am still under my appeal is this possible as I know duldung is for people who their file is closed finally not for people who still in the process 

asked Jan 14 in Asylum proceedings by Abadac
Up!!!!!!!!!!!!!

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1 Answer

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Dear @Abadac,

Thank you for reaching out to the Wefugees Community and sorry for the rather late reply!

Unfortunately, as far as I know, under certain conditions, it is also possible to get deported or getting issued a Duldung during a pending appeal. In order understand your situation better, some additional information on the case will be helpful. 

If asylum applications are rejected as “manifestly unfounded” or as “inadmissible”, the timeframe for submitting appeals is reduced to one week. Since appeals do not have (automatic) suspensive effect in these cases, both the appeal and a request to restore suspensive effect ("Eilantrag") have to be submitted to the court within 1 week. If that request is not granted, you can get deported, even if the case is not closed yet.

You may want to learn more details on the "types" of rejection. Please see this thread, in which the "simple" and "inadmissible" rejection by the BAMF was discussed on this platform earlier.

Am I right on this, @MBEon-Sophie or @mbeon_Kiki? Any additions are of course mostly welcome :-)

Please do not hesitate to get  back to us if any clarification is needed.

All the best,

Meike

answered Jan 24 by Meike
Thank you for the answer
My rejection was inadmissible and they gave me one month to leave and two weeks to appeal so far i did not get any answer about the suspensive effect so far has been 17 months
Dear @Abadac, i would also like to comment on you question. Thank you @Maike for connecting me. So far as i can understand your situation requires quick action. I would strongly advise you to consult a lawyer near you or a counseling service for migrants. In case you haven't done it already. If you need help by finding a counseling service near you please don`t hesitate to contact me! All the best, MBEon-Sophie
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