Threat of „Untätigkeitsklage“

Question

Can I ask where I will send this threat of „ Untätigskeitklage“? I have read that there is a template from Thuringia which I downloaded already. I wrote several emails to the bamf email. Will I send this threat by post? I have a lawyer also that wrote 3 times already to the BAMF this year but still no response. Aside from this threat, what else can I do to follow-up and make the BAMF decide already?

 I have been waiting for my decision for 2 years already. Applied officially September 2022, hearing was November 22,2022.

I am a human rights activist from the Philippines. I am confident of my prospect for positive decision since I have provided a lot of supporting documents regarding the political persecution of the Philippine government against me. The problem now is possibly the BAMF and the German government in general is delaying decision for left-leaning and progressive individuals from other countries. I am currently doing B2 Beruf sprach kurs and my wife is now doing Ausbildung as Pflegefachkraft.

Answer 1

Hi @venz03chen

You send it to the BAMF office where you made your asylum application. In German called ‘BAMF Außenstelle’. I recommend you send it by registered post (‘per Einschreiben’) as an email is not sufficient for formal matters like these.

The only other option you have is to actually file an Untätigkeitsklage with the local administrative court (Verwaltungsgericht). I advise you to discuss both the threat to do so and actually filing such a case first with your lawyer. A lawyer should be taking such actions on your behalf.

Best,

Éanna