Hello here is what I received from my lawyer and he told me Congratulations you have been Accepted as Asylum SEEKER IN Germany. Please I need confirmation if that's the case I am copy pasting what I received in letter.

1. Der Antrag wird als unzulässig abgelehnt. 2. Das Abschiebungsverbot des § 60 Abs. 5 des Aufenthaltsgesetzes legt vor.

Begründung: Der Antragsteller, pakistanischer Staatsangehöriger, hat bereits einen Asylantrag in Griechenland gestelit. Mit Schreiben vom 29.10.2019 teilte Griechenland dem Bundesamt mit, dass das Asylverfahren erfolglos abgeschlossen wurde.

Waiting for your Answer. Thnx
asked Oct 30, 2020 in Asylum proceedings by Kevinreed00131 | 1,042 views

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2 Answers

0 votes

Dear @Kevinreed00131

Welcome back to the Wefugees Community and thank you for your question. 

From what you shared here, it is saying that your asylum got rejected as you went through an (unsuccessful) asylum procedure in Greece already. But as you copied the text, it says the German government grants a deportation ban (you are sure it is saying “liegt vor” instead of “liegt NICHT vor”, right?). I am a bit irritated regarding this combination and it is new to me, but as the lawyer is referring to a positive outcome as well, it might be correct. With this deportation ban you will receive a residence permit in Germany. 

I will also link our dear expert @alla_fka here, maybe she can give her opinion as well. 

In any case, don’t hesitate to get back to us with any further questions. 

All the best, 


answered Oct 31, 2020 by Meike
Yes its written liegt Vor.. It's a deportation ban. So it's mean I can stay as long as I want in Germany?? Please explain it.
And just for the information I am married with a german from last 2 years so do you think I can apply Niederlassungserlaubnis after some time because of my marriage? Let me know.thnx
This is really interesting. I haven't heard of something like this either lol, nevertheless big Congrats bro
Thank you my lawyer was surprised too but he was very happy
0 votes

Hello Kevinreed00131,

If it is a decision of BAMF, it is really unusual. For what country have you got a deportation ban? For Greece of for Pakistan? Or for both? I would expect a deportation ban to Greece from a number of the courts in Germany, but not from BAMF in the first place. Probably your decider took into account that the situation in Greece is counted to be very bad for asylum seekers and naturally for the rejected asylum seekers too, giving you protection against the deportation to Greece because of the possibility of violation of European Human Right Convention in this case. As you are married to a German woman, it is also possible that it was a reason too, because the separation of the family ist also against the European rules and against the German Basic Law (Grundgesetz). It could be a reason for a ban against Pakistan but it would be very unusual. Anyway you are lucky.

In the same time your asylum application is rejected as inadmissible. It is a question if you can proceed against it (if you still have time, it depends on the time frame for the appeal). But here you really need a good advice from an expert who will read the whole decision with all the reasons. With a depotation ban only you normally can apply for a residence permit after §25.3 Aliens law. In most cases people get it, but sometimes they only get Duldung at first, because the Ausländerbehörde has some discretionary power in this case.

As you are a husband of a German woman, perhaps you can take another way. Your lawyer can check if you have a possibility to apply for a residence permit after §28 Aliens law (for family reasons, family union with a German). Normally you must make a family reunion going to your country and making a visa procedure, but with a deportation ban it must be possible to get it in Germany. Anyway with the ban against Pakistan. With the ban only against Greece - I am not sure. Ask your lawyer.

answered Nov 3, 2020 by Alla_fka
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