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Hello,
We arrived to Germany on March 2018, and after filing our asylum application we received a letter that we are under Dublin procedure and must leave the country in one week.
We did an eilantrag and a kläge, but for 27 months we did not hear anything from the court. We have a new child born on July 2020 in Germany. Now we got negative from court and also Duldung for one month. I filed asylum application for the child on 25.08.2020.
Will the child be also deported to the other Dublin state? How long would take the child documents to be deported with family together?
Is there any chance we stay here in Germany because of the new child?

Thanks,
asked Aug 28 in Asylum proceedings by Zilgai
edited Sep 8 by Zilgai

Dear @Zilgai

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

I saw that you opened a thread already with similar content a couple of days ago (https://www.wefugees.de/808506/dublin-and-child-birth). I will not merge them for now, but for the future it might be easier to keep information in one thread in order to keep a better overview as well. 

In the other thread you were also mentioning that you voluntarily took back the appeal in court but here you wrote that the court decided with a negative outcome. Maybe you can clarify on this. However, your question regarding the child birth and it’s impact on the Dublin procedure is really interesting and I will link our dear @alla_fka here, as she is an expert in this field and maybe can give some further information. 

All the best, 

Meike

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2 Answers

0 votes
Hallo,

it is difficult to make a proper assessment without knowing the details.

For which country must you leave Germany? (Which country must be responsible for your asylum?) Were you only illegal in this country or did you perhaps have residence permits there? If yes, what kind of permits? Asylum or something else? What do you mean with the "new child"? Do you have other children with whom you come to Europe? How old then? Have you really got a rejection from the court or was your court procedure stopped ("eingestellt") because you took it back yourselves as Meike wrote? Have anybody of you got some serious health problems?
answered Sep 2 by Alla_fka
Hello,

On March 2018 I got Lithuania visa from India for myself, my wife and 4 children at that time aged 6,12,13, and 14.
We did not applied for asylum in Lithuania and after landing there we came to Germany and after expiring our visa we applied for asylum in Germany.

The children are going to school, one of them did ESA and now studying a Berufs Qualifikation program for 2 years as a salesman, and still looking for the Ausbildung place to find.

We got the Dublin letter to leave back to Lithuania on 25.05.2018 and my lawyer filed an Eilantrag, since then we did not hear anything from the court.

My wife got pregnant on November 2019 and the lawyer tried to ask the court for pregnancy protection then he wanted to take back the complain from the court so that 6 months get running while we are under pregnancy protection for 3,5 months.
But unfortunately the lawyer disappeared and I tried to contact him many times but could not see him. The child was born on 02.07.2020, and the lawyer wrote to the court on 15.07.2020 to take back our complain, which I think was too late because the child was already born. On 03.08.2020 the court accepted the lawyer request and removed our complain Eilantrag.

On 18.08.2020 I got Duldung for 1 month.
On 25.08.2020 I applied asylum for the new born child and on 03.09.2020 a 3 months normal Ausweis was issued to the child.

Don't know if there is any chances of staying here.

Non of the family members have any serious illness. But myself and my elder child (16 now) having some serious depression because of explosions in the past and the doctor attest letters are in the court.


Sincerely,
Zilgai
0 votes
Hallo once more,
if the court stopped your "Eilantrag"-procedure on the 3.8.20, then the 6-month-time to send you to Lithuania had to start from that day and will end 6 months later (if you don't give reasons to prolong this time to 18 months because of being away without excuse and not reachable for deportation). That means that you won't normally be deportable any more from the 3.2.21.
You made a new asylum application for your new born child which hasn't been decided yet. If you get a rejection, you can make an appeal with "Eilantrag" for the baby, which perhaps won't be negatively decided until the beginning of february. It is not possible to foresee how quickly the things will develop.
Im principle the new born children must share the fortune of their family. I know that there are positive decisions for new born children of people who have refugee status and residence permit in other EU-countries, but this is another situation, not Dublin, here the other rules work.
I don't know if the situation in Lithuania is worse as earlier because of Corona. Perhaps they have much economical problems which can have impact of the situations of refugees there. It can be the argument in the court for the appeal of the baby, in case you will make one. The baby is always a vulnerable person. And naturally you can provide new attests if the health problems of the parents after deportation can have an impact on the well-being of the baby.
answered Sep 14 by Alla_fka
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