URGENT!! Deportation letter from landkreis

Question

Good morning,
I would like to ask on behalf of my colleague who received letter from labdkreis that he might leave Germany as soon as possible ( deportation paper). This guy was waiting for second interview, he didn't commit any crime, the asylum application was still in process because didn't attend Second interview, he doesn't have Dublin. I would like to ask what
should he do to avoid this deportation, again is it possible to be deported without second interview? The deportation document received from labdkreis doesn't contain any reason why is being deported.

Please advise, it is very urgent

Answer 1

Hi @Malcolm

I’m afraid I do not understand what is meant by second interview. Do you mean the first interview was when he applied for asylum? In the asylum process (other than in Dublin cases), there is one main interview with BAMF called an ‘Anhörung’.

I can only presume that his asylum application was rejected as what is called ‘obviously unfounded’ (öffentsichtlich unbegründet). This is specific type of rejection that is given for various reasons and has special rules around how to appeal it. You say the deportation document does not contain any reason for ordering him to leave the country. I find this most unusual. As I understand it, the person made an asylum application, had some sort of interview and then was issued with a deportation order without any reason or reference to the asylum application? I can only recommend that he seeks legal advice. 

Best,

Éanna

Comments

Guy didn't do BAMF interview yet( Anhörung). Even lawyer told him that hasn't chance to win the case.
What else can he do? To start his application process afresh? To change his lawyer? Please advise?
What are process of starting new asylum application afresh? Will this remove deportation?

Regards.

---

I'm afraid I cannot provide advice based on the information provided. I do not understand how the person can be given an order to leave Germany when they have an ongoing asylum case. The order to leave Germany made no reference to the ongoing asylum case?

A person can do a new asylum application called a 'Folgeantrag'. However, this is only possible under certain circumstances. One requirement is that the initial application has been processed. He cannot make a 'Folgeantrag' if his first asylum application has not been decided upon.

You make reference to changing his lawyer. If he has a lawyer, then he needs to consult with them. The lawyer should at the very least point out that the person has an ongoing asylum application and is therefore not required to leave Germany. This is unforunately not the best place to get asistance with such a situation.