Could a family be Deported after negative decision of second interview?

Question

My asylum process is still not closed. Now I have a second interview in december 2020. So i wanted to know what could be the outcomes of this interview? Would i get Duldung or direct deportation orders? Please keep in mind while answering my question that I'm living in germany with my family for about 4 years n i have 2 kids. I'm working full time for 3 years, with unlimited contract and B1 certificate. N we are bearing all our expenses.

Answer 1

Dear @Refusegee, 

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

To understand your situation better, some more details could have been useful. However, I remember from your last question that your asylum application got rejected and you appealed against the BAMF-decision, right? I assume that you are referring to the case in court and the respective hearing when you explain about a "second interview"? It is of course impossible to predict any outcome or the court sentence, especially without knowing your personal situation and your initial reasons to leave your country of origin. But I hope you hired a lawyer with whom you can discuss those questions? In case the court is agreeing with the BAMF and rejecting your asylum claim, there are still options for you to stay in Germany. From my personal perspective and when looking at your situation, you will most probably have alternative options to legalize your stay - but this should also be carefully dicussed with your lawyer or you could also visit a legal counselling/migration counselling office. 

I hope this helps and please get back to us in case I did not understand your questions correctly or if you want to dicuss any further questions. 

All the best, 

Meike

Comments

Thanks for your detailed reply. In order to clear you my situation. Let me give you brief preview: we came in germany in 2016, applied asylum n got rejected. I hired a lawyer n applied appeal against my decision. Now I have a hearing in december. Between this time I am doing full-time job for 3 years. My two kids are born in germany. My elder daughter is going to kita. I have independent separate flat. I did B1. In nutshell i fully integrated in german culture. So my question is eg after hearing in court in december, Court give us Duldung then what will happen? I mean living in germany with Duldung. What does it mean? Is it dangerous for me? Can I be deported with family? Please ask me any counter question in order to understand better. Thanks

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Are you getting money from sozial amt since you have 2 kids?
Once your asyl is rejected by the court you have 2 options to stay in Germany.
1.Getting a residence through the hardship commision.
2.Or getting an Ausbildung then apply for Ausbildungduldung

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I have started taking help from amt after having 2nd kid (started in March 2020) not before that since I started my work back in 2017 I was not taking help from amt. Actually its not a help Amt has set me a monthly limit of help. Eg if my salary is touched or over that limit I will not get anything. But when my salary is below that limit, amt will pay me the difference. (Zuschläge, working off days and Sundays, pays me more salary).
What does hardship commission means and how can I apply for this?
I also have recommendation letter from my employer. Does that mean nothing to ausländerbehorde or BAMF?
whats if I start working in a company as Manager (Geschäftsführer). Will that make any difference?

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Just go to Germany residence act and see rrsidence permit 23a.
These residence permit should be your last option to stay in Germany also the Ausbildungduldung.
You should apply once your asyl is over and you required to leave Germany.

Hardship Case Commission

For people who have been rejected in the asylum procedure or no longer have a right of residence for Germany for other reasons, we offer confidential perspective advice.
Just google hardship commision in German n you will get more information.

This is especially the case if you

.have lived in Germany for a long time (at least 1 ½ years, but if possible significantly longer)
have a Duldung or a Grenzübertrittbescheinigung.

.have not committed serious crimes
no longer have another legal possibility to get a stay for Germany
speak as good German as possible, have work or a job offer and have done a lot for your integration in Germany, for example by helping others or engaging in clubs

.have a lot of good contacts and social relations in Germany  and can prove them (Through comments from friends or neighbors