Hello firstable I would like to wish you a Happy new year.

I live in Sachsen with my wife and my son. We have been waiting 22 months for a hearing at the court for my appealing case but unfortunately we didn't received any invitation from them, being in this situation one is very limited and doesn't allow to progress in our life plan.

Although Corona we are studing very hard the German language and I got recently a B1 German certificate and my German license driver and also I bougth a car. Do you think this kind of stuff are important for them?

I want to send a letter to the court asking for a soon hearing but my lawyer don't want to do it, she only said that we must to wait to received it but we disagree. There is a specifically name this letter or document? Can you give me some advice to do it? We're very lost with and misinformed.

Thank you in advance and I wish you a good day.
asked Jan 2 in Asylum proceedings by Faga0206

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4 Answers

+1 vote
Best answer
Hello,

it is not unusual to wait so long for a court hearing in Germany. Some courts or court chambers are quicker, some are slower. It depends on their stuff situation, on the number of cases, on Corona conditions etc. Lawyers, who have much experience with special courts, very often know if it makes sense to ask or it is just a normal situation. Perhaps they don't want to make judges angry making unnecessary requests. As Meike told you, absolutely right, you must generally have a special reason asking for speeding up your case. Because that means that judges have to change their plans and perhaps postpone other cases which are also waiting for their decision.

Another reason not to speed up is that people mostly can't be sure to get a positive decision. What ist the purpose to risk a quicker rejection? As long as your case is in the court you have more possibilities than after rejection and you can use this time for more integration, for creating another perspective of staying in Germany (through work or Ausbildung). Only for people, who have the highest probability to win, it can make sense to speed up. I understand fully how difficult it is to live in uncertainty, but speeding up must bring you advantage, not problems.

About driving licence and B1: unfortunately it doesn't have influence on court decisions about asylum (although you can naturally make a good impression on your judge). In asylum cases the court only must build an opinion, if you are in danger in your country of origin or not (political danger, danger for life or health). It has nothing to do with your life in Germany, with your integration, with your connections in this society etc. All this things are important if the court rejects your asylum. Then it is possible to check if you have other reasons to stay. But B1 or driving licence are naturally not a reason. They can be only steps on the way to integration in the job market.

For more detailed and individual councelling you should look for a good migration and refugee councelling center in your place.

Good luck!
answered Jan 12 by Alla_fka
+1 vote

Dear @Faga0206,

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

Redarding the letter, are you referring to Nilab's answer in this thread, which I linked in one of your earlier asked questions before?

Unfortunately, I can not share any experience with sending a letter to the court to speed up the process - but I am also not a lawyer. I assume that Nilab means that it can make sense to send a respective explanation to the court if there are very important and serious reasons for a sooner court ruling (as health issues, for instance). I am afraid that many people are in a similar difficult situation you find yourself in. I can understand really well that it must be very tiring and exhausting. However, I would encourage you to keep going with your efforts (as you mentioned, you are studying the language etc.). If you want to send a message to the court inspite of your lawyer's doubts (I assume such a letter also won't harm at least), you may contact a counselling office to support you with the wording. I will also link our dear @alla_fka here - maybe she can add some information.

All the best,

Meike

PS.: I closed the second thread you opened on the same question. I think this will help us in collecting information in one place and keeping a better overview. To more so as I read some rather inappropriate or better to say unfriendly exchange below your question. I hope this is okay for you.

answered Jan 12 by Meike
0 votes
Hey we had a same thing with court so we have done everything with loyer. Without loyer its really difficult.to reach anything in court.
answered Feb 11 by Mfj02
–1 vote
Hello faga i understand your feeling, are you currently holding a duldung? And did you make the driving license with duldung!
answered Jan 2 by Albertz
Hi @albertz currently I hold an "aufenthaltsgestattung".
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