Dear Madam/Sir,

I need guidance on what to do next.

My subsequent appeals were rejected and I have Duldung since November 2020.

I was referred by local immigration in my community to go to Central immigration office in München for IDENTIFICATION with my country immigration authorities to attend the meeting also. The Central immigration office sent me a letter that I should come for an appointment to identify where I come from.

I couldn't attend the meeting because I was not fine. My lawyer asked me to send a doctors report if I cannot attend. But I couldn't go to the doctors that same day. I was only able to send them email that I can't attend the meeting.

Now my Duldung Ausweis has expired and I didn't hear from them again since that day.

I don't know what to do next because I am really scared of deportation which they keep telling me about.

Please what should I do?
asked Jun 7 in Legal advice by Ben
Dear @Ben, welcome back to the Wefugees Community and thank you for reaching out to us again. I'm very sorry to hear that you are scared and find yourself in such a stressful situation. I'm going to link our experts and dear colleagues @mbeon-Ruth and @mbeon-Gabriele here and hope they can help you with a legal advice on your case. Best wishes, Julia.

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1 Answer

+1 vote
Hello @Ben, how nice that you have turned to WeFugees. I can understand very well that you are afraid of being deported. This worry and uncertainty are a very big burden. The foreigners authorities consider non-appearance as a lack of obligation to cooperate. That is why your lawyer also asked you to get a medical certificate and submit it. In order to be able to assess what consequences this will have for you, your entire situation must be considered. This includes questions such as: how long have you been in Germany, how long have you been in toleration, what have you already done in the context of clarifying your identity, are you allowed to work, do you have a job or are you in training, what is your lawyer's mandate, etc. This detailed information should not be shared publicly within the framework of WeFugees and therefore makes it impossible to give you a concrete or even reassuring answer at this point. As you already have a specialist lawyer, I strongly recommend that you clarify your options for action as well as the further procedure with him/her directly. That is his/her area of expertise. If you find it difficult to contact and discuss your case with your lawyer, I recommend that you also contact a local refugee counselling centre and seek support. The colleagues will help you competently and are a good complement to the work of the lawyer. I hope that your residence situation will soon be clarified and wish you all the best. Best regards Gabriele
answered Jun 7 by mbeon-Gabriele
Thank you very much for your answer, dear @mbeon-Gabriele!
Thanks Julia for your message. I have been cooperating with them in clearing my Identity. I have been to my embassy three times but they were unable to issue me passport because I don't have the requirements. I have evidence from the Embassy which I submitted already at the local immigration in my city before they transferred my case to Central immigration office.  All my lawyer is saying is that I should go back to my country which is not safe for me. Now that I couldn't attend the appointment though I sent them a message to inform them that I couldn't attend, I haven't heard from them yet and my Duldung expired this week. I don't know what to do next because my lawyer is not really helpful.
I am really confused on the next step to take.

Please, what should I do?
Hi @Ben, As @mbeon-Gabriele noted, we cannot in this forum go into your situation in specific detail. But here are some obervations on my part: A Duldung is generally renewed every six months unless a person's specific circumstances change. If the reason you were given a Duldung has not changed (for example: incapacity to travel, lack of travel documents), then you can either inquire with the central immigration office as to why your Duldung has not been renewed or submit an application to have your Duldung renewed. As you had a Duldung for 18 months, you may be entitled to a residency permit according to paragraph 25, section 5 of the Residency Law (Aufenthaltsgesetz). You would first have to have your Duldung renewed before applying for this. There are various requirements to get this permit, an important example being cooperating with the authorities in trying to get a passport. Here is some more information about this permit (translated via an online tool): https://www-nds--fluerat-org.translate.goog/leitfaden/17-aufenthalt-aus-humanitaeren-gruenden/aufenthaltsrechtliche-situation/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp You have cooperated with the authorities and have attempted to get a passport without success. In doing so, you have fulfilled your obligations to cooperate (Mitwrikungspflichtungen). However, the having missed the appointment with the officials in Munich presumably means you have infringed upon these obligations. The letter informing you about the appointment should provide legal information about the consequences of not attending the appointment. I would encourage you to continue to keep any evidence of your attempts to obtain a passport. This is very imporant for any future residency application. If you cannot be provided with evidence, it is useful to bring someone to act as a witness. Write down and document everything you do in this regard. I also recommend you consider the relationship with your lawyer. What is he at present doing for you? Has he explained any options for you other than to go back to your home country? Has he, for example, discussed the possiblity of getting a residency permit under the rules I explained above? As long as you have a lawyer, it is important to discuss any steps with him. But use this site and other sources to inform yourself about your rights, such as Handbook Germany: https://handbookgermany.de/en/rights-laws/asylum/duldung.html There are various organisations which can help you in English and for free (although they cannot represent you legally). If you continue to be without a Duldung, you can contact the people here who specifically help those without papers. It is a project from the Bavarian Refugee Council: https://www.cafe104.de/en/index_en.php
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