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I applied for asylum in Germany since March 2023 but after 18 months I got negative answer from BAMF because Italy has offered me an international protection status however I didn’t get it (didn’t go for getting the residency nand further administrative staff like Biometrics and etc). I made a lawsuit against the decision. I have my bothers and parents here in Germany who have statues and permitted to stay. I have also learned German until B1 level and soon will start my German B2 language class. I have also passed Leben in Deutschland courses. Please help me which argument should I focus more on in the court!
asked Oct 20 in Asylum proceedings by abdulhamidmohammadi | 269 views

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Hi @abdulhamidmohammadi

The German asylum law states clearly that asylum applications in Germany are inadmissible if the person has been granted international protection in another EU country. The fact that you have family members here and are learning German is not relevant in this situation.

The only argument I can think of is regarding conditions in Italy. In some Dublin cases, the court rules against someone having to go back to another EU country because of things like access to housing, healthcare etc. I am not aware of this currently happening with Italy. Furthermore, you will not have to return to the conditions of the asylum system there but rather have been granted a protection status and so will have full access to such things.

The best information I could find on such cases is this, in English from German via online translation:

https://***-nds--fluerat-org.translate.goog/leitfaden/6-dublin-verfahren-anerkennung-anderer-eu-staat/schutzgewaehrung-in-anderem-eu-mitgliedsstaat/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

I presume you have a lawyer to assist you with the lawsuit. You should be discussing possible grounds for the lawsuit with your lawyer. We cannot provide legal advice here.

As an alternative, in Italy you can apply for a visa for family reunification. This is only possible in exceptional circumstances when it is not moving to join a spouse or minor child, so you would have to provide very good reasons. Most commonly, such applications are only approved due to a family member requiring long-term care from another due to their health condition.

As you already have achieved a good level of German, another option is to apply for a visa to do a language course or **** for an Ausbildung that interests you.

Best,

Éanna

answered Oct 24 by mbeon-Éanna
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