Appealing for Rejection

Question

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 .

Comments

@Marcel: maybe you could have a **** at this matter and give legal advice Concerning professionell Help or Job Suggestion you can Compact Franziska_jobs4refugees

Answer 1

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.

Comments

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

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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.

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I received the decision today and it was negative , i need help on what to do next
please

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Hallo,
I am sorry to hear this. It is really difficult to give you advice if it is worth trying to apply to the higher court or not. The best is to speak to your lawyer if you have one and trust him/her or to consult a good asylum lawyer, if possible with the expertise in question Palästine or LGBT+. A negative decision must be analysed and the chances must be evaluated by an expert. If the court just didn't believe you, you have a bad chance. If the reason for a rejection is that in their opinion a gay is not in live danger in Palestine / West Bank - and this decision in not in accordance with the most part of other court decisions in this question in Germany or with the decisions of higher courts, that perhaps the higher court in your Bundesland will at least allow the "Berufung" (that means they will check if the administrative court has made a mistake in the procedure). The chance to win in a higher court is, statistically, always low. And you can't apply in this stage without a lawyer, which brings new costs. If you want to try, you must do it quickly, after receiving the negative from the admin. court you have 1 month for the appeal.
I think, you mustn't be in danger of deportation, if you don't have another citizenship (for example of Israel) or a passport of some other country or a valid residence permit somewhere. Because you are a stateless person, Germany can't deport you to West Bank. That means, if you get Duldung, you can try to make further steps for your integration (Ausbildung, Job, earning money...) and to get a residence permit in this way. For exact evaluation you naturally need an individual consultation in a good councelling center or with the lawyer.

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Hey ,
Thanks for your kind words and effort in trying to help i really do appreciate it so much ,
I only have a Palestinian passport which i already gave to BamF , no other residency or citizenship from anyother country .
The reason of rejection is that they don't believe that i will not be in danger if i go back to Palestine.
and since there is no "Political conflict " happening at the date of rejection .

I have few questions and i would appreciate your answer ,
1- Why do you think i am not in danger of deportation to the West bank ? is there a law that says i can't be deported ? i do not have a citizenship or residency permit from other places other than my Palestinian passport .
And yes even tho i have a Palestinian passport , in the official documents in Germany it is written "Stateless"
2- How can i get a duldung ? i am just trying to win as much time as possible and avoid deportation

Thanks again for your help , much appreciated
Elias .

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Hallo,
normally you can't be deported if you are "stateless" because there is no legally accepted state you can be deported to. As far as I know (and our consulting lawyer said the same), Germany doesn't deport to Palestine.
If you have been rejected by the court but can't be deported, you will get a Duldung, you mustn't ask for that yourself. The Ausländerbehörde will normally give you an appointment to bring your Aufenthaltsgestattung, which they take and give you Duldung after that (it can take time for them to issue the document). If your identity is cleared, you mustn't have any difficulty to get a work or trainee (Ausbildung) permission. You must concentrate then on your integration and finally you can achieve your residence permit in this way.

Answer 2

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

Comments

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

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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

Answer 3

Hi Eli,

I read your story and the answers given so far and in my opionion they have been really useful and quite good. 

I am also really excited about your perfect skills in English Language which are absolutely important for a Life in Germany and that you are interested in Health Services as they are well needed in Germany.

Your Story affected me very much and will try my best to help you as much as I can. 

As I am new here, my Knowledge concerning this subject is not that well but I will contact Agenties to get the neccesary expertise.

first a few questions that are currently unclear to me: 

What was your Job in West Bank?Which Profession did you learn? Have you already worked in Health sector?

Do you have any post/jobs where you can apply for or do you need support in this matter?

I didn't understand the reason why the immigration authorities rejected you, is there an official letter stating the reason for the rejection which you can provide?Via Private Message via Mail? 

Did you **** for Advice center for homosexual asylum seekers in your area and ask for help, they usually have experience.

In my opinion, you will definitely need another lawyer, can you tell me where you are and I will **** it up on the Internet or may asked a friend which is lawyer.

Do you have a passport from one country or a valid residence permit from another country e.g. Israel?

I guess this will be important for further proceedings.

You can also Contact me privately to discuss further steps or let me know if I am able to help you in other belongings. 

Best Wishes 

Julia

Comments

Hey , Thanks for your kind words
I am not sure how can i send a private message on this website , tried looking around but couldn't find , if you can give me your email i would gladly send you why i was rejected , and sadly i applied for an appeal and the appeal in court got rejected to as i am not sure what to do , my boyfriend is suggesting marriage (again) , but my papers are outdated and the Standesamt requires them to be maximum of 6 months old , right now i am really lost and i don't know what the future holds , and to be honest it is giving me a depression period , and yes i live in Heilbronn , and no i never seeked homosexual asylum centers before , never thought i needed one .
and yes i have a Palestinian passport that i gave to BamF once i applied for the assylum .
i have a Business Degree (BA) from back home , but i wanna study , i never worked in health sector but in banking sector .
i can not work atm , since my asyl application was pending
and now since my asyl appeal was rejected basically i have 30 days to make an appeal .

i only have a Palestinian passport , no other citizenship or residency in anyother place other than Bethlehem, west bank Palestine

i have a question , how can i get a duldung to prolong my stay here then i might be able to get necessary papers if the Standesamt doesn't accept my outdated papers .
Another question would be , Do Standesamt usually accept outdated papers for Refugees or does it depend from one Bundesland to the other ?

Thank you again ,
Elias

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Please contact me via e-Mail
Julia.basel@t-online.de
Than we can discuss further Details By phone and you can send me the Documents

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If a foreigner wants to get married here in Germany, the marriage qualification requirements of the home country must always be met; he must therefore always obtain and present a certificate of marital status, which is no more than 6 months old. If a certificate of marital status (e.g. proving that he is not already married) cannot be presented, e.g. B. because the hometown does not issue such certificates, you can apply for an exemption from the competent higher regional court.

You also have to present a birth certificate and a passport as proof of citizenship - the expired passport may be sufficient for this.

Time is running out, however, because documents that have been obtained from the country of origin sometimes have to be presented to the German embassy for authentication, depending on which country you are from.

Otherwise, the registry office can also reject the marriage if there are reasonable indications that the partners only want to get married without really wanting to enter into a marital partnership, but only to obtain a residence permit for the partner.

I Looked up for special requirements for Heilbronn:

https://***.heilbronn.de/no_cache/rathaus/buergerservice-a-z/inhalt/anmeldung-der-eheschliessung.html

It says:

valid passports or identity cards (for nationals from countries outside the EU in connection with the residence permit)
Current extended registration certificate (available from the citizens' office / registration authority - if you live in Heilbronn, the registry office will provide it)
a newly issued certified copy from the birth register with references

Please Check with your Partner we can Check tomorrow

Bye
Julia