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ကျွန်ုပ်သည် လက်အောက်ခံ အကာအကွယ် အဆင့်အတန်းကို ရရှိသော်လည်း ခိုလှုံခွင့် သို့မဟုတ် ဒုက္ခသည်အတွက် အယူခံလွှာကို လိုချင်ပါသည်။ ဒါပေမယ့် နောက်ဆုံးသတ်မှတ်ရက်က နှစ်လမတိုင်ခင် ပျက်သွားတယ်။ ဒါကို ဘယ်လိုလုပ်ရမလဲ။
asked Feb 14 in Legal advice by Hnin Maung | 524 views

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1 Answer

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Dear Hnin Maung,

Welcome to the Wefugees Community. I will try to reply in English and I hope you can translate it to Burmese (i.e. with the help of Google translate).

Here is your question:

"I have subsidiary protection status, but I want an asylum or refugee appeal. But the deadline was missed two months before. How can I do this?"

First of all, please keep in mind that we are no lawyers here on this platform and that we can just provide general information.
Usually, with the partial recognition (subsidiary protection) you can appeal within two weeks at the respective administrative court. However, it must be checked first whether the deadline actually has been missed. The deadline would be esxtended, for example, bceause the legal remedy information is missing or incorrect or the delivery was incorrect. If, however, the deadline is missed, it must be further checked whether the court can grant a "reinstatement in the previous status" (§ 60 VwG). This would have to result that the asylum seeker is treated as if missing the deadline did not occur. The reinstatement is, however, tied to strict conditions. If the recognition as a refugee is so important for you (for example if you need to apply for family reunification which is privileged as a recognised refugee and more difficult with subsidiary protection) I highly recommend you to get support by a lawyer.
I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,
Meike
answered Feb 15 by Meike
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