Can I get a decision from the court after I appeal against Bamf decision

Question

Hello, I asked a question in regards to my folgeantrag procedure but no one answered me and I am passing through stress now and I need to know what's going on, my first asylum got rejected after the final procedure and I was asked to leave the country which I did and I went to other country to seek asylum and I was deported back to Germany and I seek another asylum which is referred to folgeantrag and the Bamf sent me a negative decision after 11 months and I was told to appeal against the decision which I did with a lawyer and the reason for the negative decision was that they believed I was not telling them the truth, my lawyer did the appeal since, is been 8 months now for the appeal, I have a Duldung and every time I call my lawyer to know the outcome of my case, he always say to me that he is having an argumentative with the court, my question and my fear now is, am I going to get a decision from the court or will I be deported without getting a decision from the court because I use a Duldung? Someone should please give me answer.

Answer 1

Dear @Blazer, 

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

The unanswered question you mentioned was published last night (11 hours ago) - please give us some time to read and reply. I will close the other thread now in order to avoid confusion. I hope this is okay for you. 

It is quite difficult to give taliored advice without knowing the exact circumstances - your situation seems to be complicated. I did not quite understand what you ment with your lawyer having an "argumentative with the court". Therefore, it is also impossible to explain whether there will be another court decision or not. 

The "Duldung" is a temporary suspension of the deportation. There must be a reason/issue which prevents the actual deportation for now. As soon as the Duldung expires and does't get extended or that mentioned reason preventing the deportation (the issuing of a passport, for instance) doesn't exist anymore, the immigration office might withdraw/cancel the Duldung. If this occurs, the person might get deported without prior announcement. 

Regarding the lawyer: There is often a lack of communication between lawyers and their clients which can be really stressful of course. However, that does not necessary mean that the lawyer is not working or is not active in your case. If you are too nervous about it, it can help to contact a migration counselling office to get some support regarding the communication and they are often happy to mediate. 

I hope this helps and I will also link two of our wonderful experts here: Dear @mbeon-bernd or @mbeon-caritas, am I right on this or is there anything you want to add? 

All the best, 

Meike

Comments

Thanks so much for your reply, what I meant by the argumentative is that my lawyer said he is having arguments with the court in regards to my case and he decided to ask for a proof to support the case which I already gave him the proof but my Duldung is always been renewed for 3 months for more than a year and six months now, all I really need to know is if I can still get a court decision after I appeal against Bamf decision since am on a second asylum called folgeantrag. Thanks

Answer 2

Dear @Blazer, thank you very much for your question. I am a migration consultant at Caritas and mbeon. Since Meike has connected me to your question, I would like to agree with her answer. In fact, your situation seems to be very complicated and in such a case we would also refer you to a lawyer. You have already engaged a lawyer. Please ask him again and let him explain the situation and the possibilities again. Please also ask your lawyer your last question. Furthermore, you can also go to an asylum counseling center (Asylverfahrensberatung) or a legal aid committee (Rechtshilfekomitee) in your area. The following links may be of interest to you and may also help you to find possible counseling centers. I wish you all the best. Many greetings, mbeon-caritas https://***.proasyl.de/en/ https://***.asyl.net/themen/aufenthaltsrecht/sonstiger-aufenthalt/duldung/