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Hello sir or madam .
My name is Derek . I'm currently living in köthen Germany .and I'm in Germany from 2019 .I have a baby in Germany and a girlfriend . But they both have. Resident permit of 1 year and have been in Germany since 2017 . I can't say I have a bad lawyer or a good lawyer I can't judge becouse my case is very complicated . First I was having Dublin. becouse I came from Italy . But I was given positive ( I don't know the reason and my lawyer don't explain ) (2020 January )this was issue from the court.  Them in 2020 .August ) The bamf sent me a message of reminder of transfer back to Italy  and it has been suspended becouse of coronavirus . And in 2020 . November I received another letter from the lawyer that my Dublin was cancel and wouldn't be deport back to Italy and the court will send me a message to come and tell them the reason I don't want to go back to my country . And in 2021 January / February . The bamf sent me a message that .they can't grant me permit or asylum . Becouse since I'm having issue and in my city in Nigeria due to my life is treating and I will be killed . They said I can move to another city to start a new life in Nigeria .( I left Nigeria when I was 16 and I arrive in Europe when I was 17 ) I arrive in Italy since 2014 . And this letter bamf sent to me .they don't even include my son or my family here in Germany . They don't say anything .maybe they don't care . But I was working last year and my contact end this year. Can't find a new job becouse I can't speak German.  And meanwhile my girlfriend got a new job last week .and this her first time working in Germany and she is moving to another city in Germany ( Halle saale ) .but we both live in same city but different appartment . I also request for me to reunion or stay in her .they don't say anything .I sent bamf a letter .. but she want to include my name to the new house and we can both live together since she wouldn't be taking money from job center .   I also tell my lawyer if there is any improvement since my girl will be working .but he didn't say anything and don't want to even tell me what she can do to help me or advice .he just didn't care and always request for my to submit my passport. Wish u can't .and please my son has my girlfriend name of his document . But want to change name so he can have my surname . Or we can make marriage contract . Is there any hope for me . Becouse I have come across many people and they always told me I was suppose to been given resident permit same of my son . This is confusing .becouse the bamf letter is different from the court . Look like bamf don't care about court decision . But my lawyer said I should wait for court.  This is also confusing.how can I wait for court when I already receive a letter from bamf .aahahaha . This make me think much .I can't even live a normal life or get good freedom . Please tell me what to do . please give me advice I beg you   if you reply to me I will be happy .thank you sir or madam
asked Mar 6 in Asylum proceedings by Derek

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1 Answer

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Dear @Derek,

Thank you for reaching out to the Wefugees Community and for explaining your situation.

You gave a lot of information and I understand that all these procedures and events are very confusing for you.

Let us try to solve the confusion a bit and to bring things (how I understood them from your explanations) in an order: As you stayed in Italy many years, the German government (more specifically the BAMF) referred to the responsibility of Italy for your asylum procedure according to the so-called Dublin regulation. In the first place when you arrived, they not even examined your potential asylum reasons but only looked at the responsibilty for your application instead. They denied your application and asked you to go back to Italy. Your lawyer opened a case against this Dublin decision in court and apparently won. A reason might be your child in Germany or simply the fact that refugees face severe conditions in Italy. I don't know. However, as the court decided that your asylum procedure needs to be processed in Germany, the responsibilty went back to the BAMF. They subsequently invited you for the actual "interview" (Anhörung) - the most important part of the asylum application as the BAMF will find its decision acording to your explanations in this interview. As far as I understand, the BAMF decided that your presented reasons to have left Nigeria are not "enough" to be granted international protection or a national ban of deportation. As you are referring to another court case, I assume that your lawyer appealed against this decision as well and the ruling is still pending. 

If your lawyer is asking for your passport, he might try to apply for a residence permit for you based on the fact that you are taking care of your child, which is legally residing in Germany. Please see this thread or also this link for more details on the residence permit "zur Ausübung der Personensorge". For this residence permit it will be vital that you declared the fatherhood and you share the custody of the child - not the name of the child is the important aspect here!

As your case is indeed complicated and the communication with your lawyer seems to be very low, I would highly recommend you to contact a counselling office. They offer free of charge and confidential services. I am sure they can explain you all those aspects in more detail. Please let us know if you need support in finding a respective office in your region.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

PS.: I saw that you opened a second thread with similar content. In order to keep a better overview and information in one place, I will close that one. I hope you understand. It would be the best if you use the comment funtion here.

answered Mar 8 by Meike
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