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I am an Asylum seeker originally from Palestine (west bank) , i applied for asylum in 2018 for being gay and it is not acceptable in my home country , and i got a rejection one year after that , i filed an appeal and got a date for the interview on the 23rd sept.
many things have changed since my application process , i used to talk with my mom back home but unfortunately non of my family members wanna talk to me basically i been disowned , i have been threatened to be killed from family members , a distant relative of mine also had to flee because he was beaten and abused by the police and the locals but he did it in sweden and gladly he was accepted , in my original application i showed proof (pictures) of abuse on my body from my dad , i can not go back since our society and home country do not tolerate homosexuality by any means not to mention the constant war going on there and the whole family wanting to kill me and they disowned me , i came to Germany legally with a tourist visa and then i applied for asylum , i paid 1300 euro fine for doing that tho , and i still have the receipt and the fine papers .
i currently have a boyfriend (German if that matters) , and we live together currently , we tried doing all the marriage process to basically get my papers faster and i can start doing something with my life but i couldn't get papers from my home country so that failed
My question is : 1- What are my chances of getting my appeal accepted ?
                           2- what can i do if its not accepted , i don't really wanna wait for two more years i am a 23 year old , i tried doing Ausbildung in the time that my appeal was pending , but Ausländerbehörde said i can't do Ausbildung for some reason which is weird because i know people who did it , and on the other hand i can't go back because basically i been threatened to be killed by my family
                           3- how long after the appeal hearing will they give me an answer of whether i was rejected or accepted .?

*I do not take any money from the government , my boyfriend basically is spending on both of us and that put a huge financial toll on him

Thank you for your time and sorry for the long post  
King regards .
asked Aug 20 in Asylum proceedings by Eli712

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2 Answers

+1 vote
Best answer
Hallo,

it is not possible to tell how long it takes the court to make an official decision after the hearing. It can be a couple of days or also a couple of weeks or even months. You can ask your lawyer, the lawyers often have experience with the courts or special chambers of the courts or special judges.

The rejection in the administrative court (first instance) is not final. If they reject (what - I hope - wouldn't happen), you can (only with a lawyer) make an appeal to the higher court (so called "Antrag auf Zulassung der Berufung). This application hat statistically very low chances, it only makes sense if the court didn't take into account important proofs, didn't react to the special requests of your lawyer or the decision differs from the most desisions of the courts in Germany in similar cases. It would naturally cost you more money to do this. For the time before the higher court decides you will have your "Aufenthaltsgestattung".

It is difficult to assess your chance in the court without knowing why you were rejected by BAMF. But anyway you have new circumstances now which speak for you (you live with your boy friend, so that even if the BAMF didn't beleive you, the court can beleive. Additionaly it is always advisable in case of homosexuality to go to a special councelling center in your area an ask them for help, they normally have experience. It is also advisable that your boy friend goes to the court hearing.

And I can tell that as far as we know there are no deportations to the West Bank anyway, so that you have a very good chance to stay here. Learn German to the extent that you can really make your Ausbildung which you anyway need for your perspective.
answered Sep 2 by Alla_fka
selected 3 days ago by Eli712
Thanks for answering , i have already done my hearing and the judge said " I usually give a yes or no answer immediately but i have to review your case more and check our database for similar cases , we will notify you with the decision by post"
so ya it's a waiting time now , i hope it doesn't take long .
and your advise of brining my boyfriend was so valuable i can not thank you enough !
sadly my lawyer slacked so much and didn't even come with me to the hearing ...
So i really appreciate your answer , and thanks again
Dear  Eli712,
I am very glad that my advice was helpful. Thanks a lot for letting me know. I hope very much that you'll have success and wish you luck. Write us after you get the decision of the court.
+1 vote

Dear @Eli712

Welcome to the Wefugees Community and thank you for reaching out to us. 

I am very sorry to hear about your difficult situation and I wish you all the best for the upcoming court hearing. Unfortunately, I am not really able to predict any outcome. However, I hope you hired a lawyer which is supporting you in this? From my perspective, it is important to explain these kind of details you were writing above also in court - pointing out that your life is in danger if you need to go back to the West Bank. 

You were mentioning that you tried to start an "Ausbildung"? I think this is actually a very good and most sustainable/promising idea, which might also give you the option to apply for an "Ausbildungsduldung" in future in case your asylum case gets rejected at the end. If you are facing difficulties to get a work permit, please also don't hesitate to discuss this with your lawyer or consult a migration counselling office (they offer free and confidential services). 

I did not understand, why you are not receiving any social benefits (Asylbewerberleistungen) as you are actually entitled to it. I would strongly recommend you to register with the local authorities in order to be health insured and to receive financial support. This will not have any negative affect on your current residence situation, in case you are worried about this. 

I hope this helps and please get back to us if you want to discuss your situation further. 

All the best, 

Meike

answered Aug 21 by Meike
Thank you for answering my question , i would point out in court that i can not go back because of the dangers that will face me if i do so , and to answer your question yes i have a lawyer but sadly she did not give me specific answers on any of my questions .
Yes i wanna do ausbildung as "Pfleger" although i speak German quite well , i haven't done my B2 examination yet since the Ausländerbehörde said i can't do my Ausbildung yet while my appeal is still pending , but i will do it once i know what the outcome is .
about my "Asylbeweberleistungen" i was asked to stop it , since i paid the fine of 1300 for coming here on a tourist visa and paying the full amount , i guess they suspected that i am working "?"
although i am not working . i do have Health insurance tho , which i pay for privately .

I have one more question and i tried searching for an answer but couldn't find , how long after the appeal hearing will they give me an answer whether i was accepted or not ?

Thanks again and sorry for the disturbance
Dear @Eli712, Thanks for your reply! I am also not sure if the judge will explain his/her decision immediately or they will send you a letter a couple of weeks later. I will link our expert @alla_fka here. Maybe she has more information on this. All the best, Meike
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