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Hello there I am an asylum seaker in Germany and want to returm voluntarily. My asylum application has been rejected and I have made an appeal in the court against this rejection. Now i want to return and BAMF said me that you have to withdraw the appeal first. My question is how much time it takes to withdraw the appeal?
asked Jun 26, 2020 in Legal advice by Conway123 | 428 views

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2 Answers

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Dear @Conway123

Welcome to the Wefugees Community and thank you for your question. 

I am not a lawyer but I tried to make some research on the regulations of the appeal. I read that if you declare that you want to take back the appeal and you don't receive an objection from court or the other party within two weeks the appeal is officially taken back. I don't think it will take a long time at the end - you may receive a confirmation even earlier. 

But as I said, I don't have any expertise on that and I can unfortunately also not share experiences. 

I will link two of our wonderful experts here: Dear@alla_fka or @mbeon-Ruth, can you maybe give us some more information on this? 

All the best, 

Meike

answered Jul 3, 2020 by Meike
0 votes
Hallo,

if you have a lawyer, ask him/her to send a letter to the court taking back your appeal. The lawyers mostly have an experience with the responsible court, if they have many appeals in work there. If you have no lawyer, just send a short letter with the number of your court case - so called Aktenzeichen, or Geschäftszeichen (you have it if you've already got some letters from the court after your appeal) telling them, that you take your appeal back. It must be written in German, your social worker or somebody else can help you to do this. Ask the court for a written confirmation, you can also try to ask for a quick decision, especially if you have some reasons (for example a family member is very sick in your country etc.). If you don't have the number of your case, send them this letter together with the copy of your appeal.

Bring the copy of this letter to the center for voluntary return to inform them, they will see, that your decision is serious. How long it takes your court to stop your procedure and to make a corresponding decision, nobody can tell you in general, each court works with its own speed. I don't think that it will take long. Good luck!
answered Jul 3, 2020 by Alla_fka
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