Hello,today I went to the government office to submit my passport and in return they gave me a document which clearly stated Ausreisverpflichtet according to Paragraph 50 abs.5. I am in the second year of my ausbildung and they asked me to submit the passport,therefore I gave it to them. They said that they will let me know through e-mail about their decision. It is really surprising that despite of deportation ban from court the Ausländerbehorde provided me with a document stating something so shocking.  We did hire a lawyer and provided him all of my documents so that he could submit it at court. Right on the day of the appointment at court he failed to bring the papers.
asked Jul 1 in Asylum proceedings by Sidra
Dear @Sidra, welcome back to the Wefugees Community and I am very sorry to hear that your lawyer didn't manage to help you at court. Surely you are now asking yourself what you can do in your very stressful situation. I will link my dear colleagues @Meike here, maybe she can help you with an answer. All the best, Julia.
I am always grateful for your reply! It would be helpful if you could link your colleague.
I will also link our experts @mbeon-Ruth and @mbeon-Éanna here, maybe they can give you an advice in your situation. Best wishes, Julia.
Thank you for the reply!

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1 Answer

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Hi Sidra,

It is a bit difficult for me to assess you situation without having a bit more detail.

  • Is there a deadline until when you are expected to leave Germany?
  • What was your previous residency status before getting the piece of paper? Was is a deportation ban (Abschiebungsverbot) according to paragraph 25,3? If you had this deportation ban, was it revoked by BAMF?
  • Or did you have a Duldung and are trying to get an Ausbildungsduldung?
  • You wrote that you will be informed by the Ausländerbehörde about their decision. What do they have to decide upon?

If you can provide a bit more detail, I’ll be happy to give my view. However, any answer you receive here cannot replace the legal advice you get from the lawyer you have.

Best,

Éanna

answered Jul 11 by mbeon-Éanna
The decision is yet to come and despite of that the auslanderbehorde handed me a paper stating Ausreispflicht. When I emailed her she said that she will let me know through e-mail. My status is Aufenthaltgestattung. My lawyer said that sometimes auslanderbehorde can be aggressive.
No the deadline has not been mentioned yet.
Thanks for providing more detail. Paragraph 50 covers the obligation to leave the country (Ausreisepflicht). Section 5 of that paragraph says the authorities have the right to hold the passport of anyone with an Ausreisepflicht until they leave the country.

From your description, I am assuming you made an asylum application. This was turned down, at which point you took the case (Klage) to the administrative court (Verwaltungsgericht). The court have overturned the decision by BAMF and decided you are to be issued with the residency ‘deportation ban’ (Abschiebungsverbot).

If this is the case, then at no point can it be argued by the authorities that you have an Ausreisepflicht. You remain in the status ‘Aufenthaltsgestattung’ until you receive the status ‘Abschiebungsverbot‘.

It is also highly unusual to receive a decision on such matters via email. Have you specifically asked for communication about this via email? Administrative decisions (Verwaltungsakte) are issued in writing (I.e. a letter either posted to you/your lawyer or handed directly to you) and have to include information about if and how the decision can be appealed. An email does not have the same legal standing.

First and foremost, you need to discuss thoroughly with your lawyer. One option would be to request in writing the return of your passport, as you do not fall under the category of ausreisepflichtig. And if the authorities do not return it, they should provide the legal basis for their actions. I would also set a short deadline (one week) for them to respond.
I didnt' receive any reply from auslanderbehorde for 2 weeks. Even they didnt return my passport.
My lawyer applied for the  ausbildungsduldung actually and I dont' know for how long I will have to wait till I receive the reply.
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