I. During Obeviously unfounded rejection how will someone know that his ("Eilantrag") is accepted by the court

ii. Can the immigrations deport someone before the court decide on the ("Eilantrag") during Obeviously unfounded rejection

iii. How will someone know that his ("Eilantrag") was accepted or rejected by the court

V. How long does it take for the court to decide on such type of rejection (Obeviously unfounded rejection)
asked Jan 12 in Legal advice by Hakeem

Dear @Hakeem

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

The "Eilantrag" needs to be submitted within one week after the asylum seeker received the BAMF's decision (Bescheid). In this week, the applicant can not be deported. The court should decide quite soon on the "Eilantrag" - but I can not give you a specific time frame here. I will link my dear colleague @Alla_fka, she might be more experienced on this topic. The court's decision should be sent via post. Either to the applicant or the lawyer of the applicant. May I ask if a lawyer is involved in your case (which I think would be very recommendable to have a bigger chance to succeed). 

All the best, 

Meike

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1 Answer

0 votes
Hello,

1. The court normally sends you a letter about registration of your main appeal (Klage) and your urgent application (Eilantrag) and inform you, on which day they were registered. For that the court must have your up-to-date address.

2. Meike is right, you can't be deported before the court has made a decision on your urgent application.

3. The court sends you its decision on the Eilantrag (Beschluss) per post. If you have a lawyer and the lawyer gave the court your letter of authorisation (mandate), the decision will be sent on his/her address, the lawyer will inform you then. Check your post.

In the first letter (about registration of the appeal) the court normally gives you 1 week time to give reasons for your urgent application (you should naturally check what is in your own letter). If you really have reasons, you (or your lawyer) must write them to the court (with proof) as soon as possible. Generally you should give reasons and proof immediately with your appeal, therefore the court won't probably wait for long.

4. If you have an "obviously unfoundet" rejection, the court should generally decide within 1 week after the time for application has been over. The court can prolong the time for decision for one week or more, if the case is difficult or if the court has too much to do. (ยง36.3 Asylgesetz - Asylum law). In the previous years it was often the case that the courts didn't decide for weeks or even months. Recently they've mostly decided much quicker, but it is not possible to know in an individual case. I wouldn't count with much time.
answered Jan 17 by โœ”Alla_fka
Thank you @Alla_fka! So useful explanations! So much appreciated! Best wishes, Meike
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