Here you can ask, answer and find questions surrounding the topic: arriving in Germany
My case got rejected from Administrative court few days ago, and recently I was also diagnosed with severe arthritis disease through blood test. This hit me like lightning struck. It was diagnosed, because for several years i was suffering from frequent joint specially in the hand and in the knees. In this situation, if i go back home, i can see myself dying without treatment or medication. I do not have any health insurance or even in my country treatment is extremely expensive, completely out of control. I do not have anyone to take care of me at home. I am single.

If i can stay in Germany, i will get at least better treatment, and somehow get by with life. How do i approach.
asked Mar 13 in Legal advice by helios

Please log in or register to answer this question.

2 Answers

0 votes

Dear @helios

Welcome back to the Wefugees Community and sorry for the late reply. 

I am also very sorry to hear about your diagnosis and the negative outcome at the court. I think it will be very important now to collect high quality medical reports and to submit them to the immigration office. Did a lawyer support you in your appeal in court? Did you inform him/her about your health situation? I am afraid that you need to prove now as detailed and specific as possible that you would face serious difficulties in terms of the medical treatment and care in your country of origin. 

I will link our dear expert @alla_fka here. Maybe she can give any advice on your next steps. 

However, please always feel free to reach out to us again. 

All the best for you, 

Meike

answered Apr 22 by Meike
0 votes

Hello helios,

if your health situation is really dangerous (because you have no chance to get proper medical treatment in your country or you won't be able to work and earn your living and won't have any support), you can consider a new asylum application which must be limited to a humanitarian deportation ban after §60. 5 or 7 AufenthG (Aliens Law) only - no application for international protection.

The situation, on which basis you make a new asylum application, must also be new. If you found out about your diagnosis as your court procedure was still pending, the right was was to inform the court about it, so that the court had to decide if this new reason is enough for giving you protection in Germany.

Anyway, you can start a new asylum procedure if you have a new proof of the changed conditions. In your case it can be a fresh medical attest or, for example, a fresh report about bad medical conditions in your country which demonstrates how dangerous your individual situation would be in case of return. It can be a report about difficulties in treatment of your disease. You must make a new application within 3 months after obtaining new information, in other case your application can be declared inadmissible.

The requirements for a medical certificate as a proof for a necessity of a deportation ban are very high. They are described in §60a AufenthG. They are the same as you need to get a Duldung because of your health situation.

Section 60a: Temporary suspension of deportation (Duldung)

(2c) It is assumed that the deportation is not precluded on health grounds. The foreigner must provide credible evidence of an illness which might interfere with deportation by submitting a qualifiedmedical certificate. As a rule, this medical certificate is to document in particular the factual circumstances on which the professional assessment was based, the method of establishing the facts, the specialist medical assessment of the illness (diagnosis), the severity of the illness, its Latin name or classification according to ICD 10 and the medical assessment of the probable consequences of the situation resulting from the illness. Medications needed to treat the illness must be listed along with their active ingredients under the names used in international practice.

(2d) The foreigner is required to submit the medical certificate referred to in subsection 2c immediately to the competent authority. If the foreigner fails to submit such a medical certificate immediately, the competent authority need not take into account the foreigner’s submissions regarding his or her illness, unless the foreigner was prevented, through no fault of his or her own, from obtaining such a certificate or there is other factual evidence for the existence of a life-threatening or serious illness which would be significantly worsened by deportation. If the foreigner submits a certificate and the authority then orders a medical examination, the authority is entitled not to take the reported illness into account if the foreigner does not comply with the order without sufficient reason. The foreigner is to be informed of the obligations and the legal consequences of any breach of these obligations

It is essential to discuss the requirements from 2c with your doctor so that he or she makes a detailed certificate. A short certificate consisting of two or three lines won't bring you much.

These requirement are also needed for a decision about Duldung on the basis of medical reasons. Therefore it is advisable always to provide your medical certificates to the Ausländerbehörde.

I'd recommend you to consult a good councelling center or, better, take a lawyer with an expertise in asylum law, before you make a decision about a new asylum application.

Good luck!

answered Apr 28 by Alla_fka
Many thanks for the detailed and very informative answer, dear @alla_fka!
3,661 questions
4,398 answers
6,004 comments
135,619 users