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Hallo zusammen,
A friend of mine submission to the Hardship commission in Niedersachsen was not accepted for advice.
But what really confusing her is the lack of reason given for the non acceptance.
Is this the way the Hardship commission works or her case is an isolated one, at least it will good to know the reasons so that next time she can make an effort to fulfill that particular requirements.
In addition to that they are telling her to contact the Ausländerbehörde.
What is she going to tell the Ausländerbehörde? Will the Ausländerbehörde tell her to volunteraly return back to her country.
And why they didn't inform the Ausländerbehörde themselves about their decision? Because when they received her Härtefalleingabe for the first time they inform the Ausländerbehörde about that.
If someone with an in-depth knowledge about how the commission works, then you can explain it us.
Below is the letter she received from Niedersachsen Härtefallkommission .

Best wishes
**********************************

Ihre Eingabe an die Härtefallkommission:


 Sehr geehrte Frau XYZ,

 die Härtefallkommission hat im Rahmen der Vorprüfung entschieden, Ihre Eingabe nicht zur Beratung anzunehmen. Das heißt, das Härtefallverfahren ist beendet.

 Es besteht die Möglichkeit, sich bei der Fachberatungsstelle für das Härtefallverfahren auch zu Ihrem Aufenthalt in Deutschland allgemein, unabhängig vom Härtefallverfahren, kostenlos beraten zu lassen.

 Bitte melden Sie sich bei Ihrer Ausländerbehörde. Dort wird Ihnen gesagt, wie es jetzt mit Ihrem Aufenthalt in Deutschland weitergeht.
asked Apr 24 in Legal advice by MB
edited Apr 24 by MB

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4 Answers

0 votes
Hi!

Just a question: what is your friend's current situation? Is your friend an Asylum seeker too? Is her court hearing over?
answered Apr 26 by someoneingermany
Her Asylum process is over, she got her final rejection letter from the administrative Court about 9 months ago.
She is now holding Duldung since June 2020.
Hi, thanks for responding.

I'm just curious because I am confused as to why Härtefallkommission rejected your friend's application. Maybe your friend has other activities (like Ausbildung) that's making her stay here in Germany?
0 votes

Hi, thanks for responding.

I'm just curious because I am confused as to why Härtefallkommission rejected your friend's application. Maybe your friend has other activities (like Ausbildung) that's making her stay here in Germany?

answered Apr 28 by someoneingermany
Absolutely not, my friend is not doing Ausbildung but she has been working on full time basis for 4 years at the same company.
She also has B1  certificate from a recognized German language institute.
0 votes
Not a legal advice though: With this additional info you gave, there might be, possibly, a suitable offer from the Ausländerbehörde. I strongly recommend you ask the Ausländerbehörde about this. Or better yet, an immigration lawyer.
answered Apr 28 by someoneingermany
0 votes

Dear @MB

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

I agree with @someoneingermany: I would recommend your friend to consult a lawyer or a migration counselling office for advice. As far as I understood, also the hardship commission counselling office itself is offering (her) to give general advice on residence perspectives apart from the hardship application. Rules and procedures of the hardship commissions in the German federal states may vary. However, in Berlin, for instance, it is an requirement to be accepted by the hardship commission that there is absolutely no other option left to obtain a residence permit in Germany. I doubt that the immigration office (Ausländerbehörde) is thinking of options and "offering" them to someone. People rather need to apply for certain residence permits. Therefore, it is important to consult experts on this legal field and to be well-informed when approaching the immigration office. 

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

All the best, 

Meike

answered Apr 29 by Meike
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