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My Asylumcase has been rejected by Bamf and I have 2 weeks time to plan my flight back home. By local berufschule I have been offered to attend Sozialwissenschaftsgymnasium there and thus make abitur, since my documents are recognized as a Realschule. But we are not sure if I'm allowed to stay here during my Abitur as a rejected Asyl. Do I have a chance?
asked Oct 11, 2023 in Asylum proceedings by Andrey_Malk | 341 views

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Hi @Andrey_Malk

It may be possible for you to receive the temporary paper called a ‘Duldung’. This is given to people who do not have the right to a regular residence permit but who are unable to return to their home country.

There are a wide range of reasons why someone may not be able to return to their own country and so receive a Duldung. Common reasons are the person not having a passport or having an illness which makes them unable to travel. In such cases, the authorities must issue a Duldung. It is usually given for 6 months and then renewed if the person’s circumstance have not changed.

The authorities have discretion in other cases as to whether or not they issue a Duldung. There is a term for this type of Duldung called ‘Ermessensduldung’ (meaning discretionary Duldung).  This can be given, for example, if a person was in school and about to finish (i.e. they are in the last year before receiving one of the German Schulabschluss school certificates. Or if they were finishing a year at the Berufsschule and were going to do an Ausbildung but couldn’t yet be issued with an Ausbildungsduldung (this is another type of Duldung issued to people who are doing an Ausbildung).

Your situation is slightly different, in that you have presumably completed your time at the Berufsschule and have not started to study for the Abitur at the Gymnasium. As the name describes, it is at the discretion of the authorities whether to allow you a Duldung to do the Abitur.

If you are not automatically entitled to a Duldung due to the common reasons I outlined above (passport, illness), then I recommend you make a written application for the ‘Ermessenduldung’ from your local Ausländerbehörde. Describe how you have done well at the Berufsschule and are offered a place for Abitur. Include a confirmation from the Gymnasium of this. Begin the Abitur once it starts, as long as the school is ok with this. If your application takes some time to be processed, then it will give you time to start progressing in the course, which will add further support to your case.

If you need assistance with this, I recommend looking for a youth migration service (Jugendmigrationsdienst – JMD) in your area. They have experience assisting young people with school and immigration issues. Here you can **** for one:

https://***-jugendmigrationsdienste-de.translate.goog/ueber-jmd/jmd-finden?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

This is the section of the German residency law that details the main types of Duldung, section 2 could be applicable in your case:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__60a.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Here is an article about the discretionary Duldung, it is based on information for the federal state of Niedersachsen but would largely apply throughout Germany:

https://***-nds--fluerat-org.translate.goog/leitfaden/11-abschiebung-oder-duldung/ermessensduldung/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp#_ftn1

Please note that the links I provided are in English via online translation.

Best,

Éanna

answered Nov 10, 2023 by mbeon-Éanna
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