During my asylum process, my son was born last year and we filed an asylum application in his name with the same court.

I am expecting my final hearing in a few weeks. My lawyer told me that the chances of a successful hearing are very low, meaning my decision will be negative.

My question is, since my new boron sons hearing did not take place, will I get an immediate deportation notice?

Or will the immigration office wait until my sons case to be resolved ?

Or my son's case will be heard jointly along with my case, which my attorney says is entirely possible. However, this opnion contradicts the opinion of another lawyer, who said I will get some time, until my sons decision is made. He didnt say anything about joint hearing.  

Therefore, I would like to know an expert third opinion , what is the reality.

Are the childs asylum case, always heard together with parents asylum case ?

Or it depends on case to case .
asked Jul 14 in Legal advice by jawad

Dear @jawad, thanks for reaching out to us. As my dear colleague Meike has already mentioned in her answer, it is hardly possible to provide detailed legal advice on your very individual questions here. Our dear experts @mbeon-Ruth, @mbeon-Christine and @mbeon-Éanna could you have a look at the questions and maybe help with an advice? In any case, I would also recommend you to get some support in a refugee counseling office. Best wishes, Julia

Hi Julia. many thanks for the response. i dont know, how to contact @mbeon-ruth or others whom you mentioned. Can you please let me know, how can i contact them
Dear @jawad, you could try to contact our mbeon consultants via Mbeon App and have a private conversation there. See the blue box on the right for more information. Kind regards, Julia

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1 Answer

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Hi @jawad,

When a child in born in Germany to parents who are in the asylum procedure, then there is the option to file an individual asylum application for the child or await the decision of the parent’s case (this decision also then applies to the child). As you have filed an asylum application for your child, this case will have to be heard in full before a deportation takes place. As you have received two different legal opinions from two different lawyers, I would say the situation depends on a case-by-case basis as to whether the child’s case is heard together or separately to the parents. If your case if heard first then you should be given a Duldung until your son’s case has been conclusively decided.

Here some information from the BAMF website:

Once the parents have filed an asylum application, their application also applies to minor-age unmarried children who are in Germany at that time. If a minor-age unmarried child subsequently enters Germany, or if a child is born here after the parents have filed an asylum application, the parents, at least one of whom must still be undergoing the asylum procedure, or the immigration authority, should inform the Federal Office of the birth. An asylum application is thus also regarded as having been filed for the child. The parents can put forward their own reasons for asylum for their child. If they do not do so, the parents' reasons apply. Here too, appeals are available should the Federal Office reject the application.

If the parents’ application has already been decided on, children who were born in Germany receive their own notice. The following applies if the application is rejected: In order to protect the child, minor children may not and will not be returned separately from their parents if the application is turned down.

https://www.bamf.de/EN/Themen/AsylFluechtlingsschutz/FamilienasylFamiliennachzug/familienasylfamiliennachzug-node.html

Kind regards,

Éanna

answered Jul 25 by mbeon-Éanna
Thank you very much for your answer, dear @mbeon-Éanna!
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