Can i ask for asylum in transit in Germany even though I don't have a schengen visa?

Question

Please can I ask for asylum in transit in Germany even though I don't have any schengen visa? I have a Botswana passport and I'm going to Ireland  to ask for asylum but I'll have a layover in Germany  and I consider Germany to be a safer country. Can I seek for asylum in transit in Germany and is there going to be a problem if I do that? And how do I get asylum lawyer that can fight for my case please. I'm really in danger and I even have some pictures where I was wounded in my head and my arm.

Comments

Dear Sunkky,

Welcome to the Wefugees Community and thank you for reaching out to again.
May I ask you why you don't want to apply for a Schengen visa?
We will be glad to help you, best regards
Saskia from Wefugees

Answer 1

Dear Sunkky, 

On the one hand, I will be linking to our experts: @mbeon-PetraN, mbeon-tina, @meike. who could  a **** at this question and maybe help with an advice?
And secondly, I would like to share with you this official website, where you can apply for a Schengen visa, for a stay of max. 90 days. Maybe you already know the site? 
https://de.tlscontact.***/bw/gbe/page.php?pid=procedure 

We will be happy to help you further. 
With best regards 
Saskia 

Answer 2

Dear @Sunky09,

also from my side a very warm welcome to the Wefugees Community and thank you for reaching out to us!

First of all, I am very sorry to hear that you find yourself in danger and forced to leave the country.

In general, it is possible to apply for asylum in a transit at a German airport. Some airports apply the so-called airport procedure though. We discussed this topic in this thread before. Please see also this website for more detailed information. If you want to name us a specific airport, we could make some research regarding the respective support structures available.

Since you are travelling with a visa issued from Ireland (if I understand correctly), I am afraid that the so-called Dublin-regaulations may apply as soon as you apply for asylum in another country. The Dublin regulations determine the responsibility for an asylum procedure within the EU. The general rule is that the country which issued the visa or you first enter is responsible.

How would you assess this case dear @mbeon-Éanna? 

I hope these information are useful nevertheless and please don't hesitate to get back to us with any further questions.

All the best,

Meike

Comments

I see this the same as @Meike. If you **** at the link she provided, it gives specific information about cases of the airport procedure which would come under the Dublin rules. If Ireland issued you with a visa, then Ireland would be considered responsible for your case and you would be transferred there anyway. However, the link goes on to say that in practice the authority responsible in Germany (BAMF) often does not manage to process this in time and then the responsibility for the case passes to Germany. Here's part of what is stated: The BAMF reported that the formal examination of the application of the Dublin regulation lies with the Federal Police (and the Dublin-Unit of the BAMF). If there are reasons to believe that another Member State is responsible for the application, the responsible BAMF unit takes the decision of inadmissibility without an additional interview, based on the information provided during the first interview with the federal police (see Personal interview).[6] The Frankfurt/Main Airport Refugee Service reported that persons falling under the responsibility of another country are usually held in the airport facility in Frankfurt/Main until their transfer. Potential outcomes of airport procedures are as follows: 1. The BAMF decides within 2 calendar days that the application is “manifestly unfounded” and entry to the territory is denied. A copy of the decision is sent to the competent Administrative Court.[14] The applicant may ask the court for an interim measure against removal within three calendar days; 2. In theory, the BAMF can decide within the 2 calendar days that the application is successful or it can reject the application as “unfounded”. In these cases, entry to the territory and, if necessary, access to the legal remedies of the regular procedure would have to be granted. However, this option seems to be irrelevant in practice since the BAMF always grants entry to the territory for the asylum procedure to be carried out in a regular procedure if an application is not rejected as manifestly unfounded; [15] 3. The BAMF declares within the first 2 calendar days following the application that it will not be able to decide upon the application at short notice. Entry to the territory and access to the regular procedure are granted;[16] or 4. The BAMF has not taken a decision within 2 calendar days following the application. Entry to the territory and to the regular procedure is granted. In practice, the third option has been the most common outcome, including in cases where the Dublin Regulation is considered to be applicable.

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I did not need visa on my passport to go to Ireland , it is visa free to go to Ireland for 3 months. I just know that I can have stop over in Frankfurt or Duesseldorf or Munich

Answer 3

I am a Syrian refugee in Erbil. I want resettlement. I wish to emigrate to Germany, the country of safety, work, democracy, social justice and human dignity. How do I communicate?