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Back to Albania without a passport submitted by Daniela in Legal advice

Hello,

I am a volunteer for a Welcome initiative near Cologne. I would like to ask a question in the name of a friend from Albania. He want to go back on his own wish, that is what he already communicated at his 1st interview in June. He also has the confirmation for that. Last week he was invited by the loacal "Ausländerbehörde" and they treated him very bad there. Unfortunaley, his passport is lost. He gave it away at the first initial registration facility in Neumünster. The "Ausländerbehörde" told him that the passport might be at the albanian embassy in Germany or in Albania but this is not their problem anymore.....they forced him to sign a document (Laissez-Passer) and if not, they will deport him. Unfortunately they were not very nice to him and also screamed to him. His problem is, that he of course want to travel home by his own wish but not without his passport. He didn't lost it! What can he do and do they have the right to deport him?

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Hi @Daniela, I think some of the lawyers active in the community will be able to give you some rough indications about how to proceed (it's a very specific case as you can understand). What I think you might need is the right office in your city to talk to about this issue. I'll work on bringing some info about that office to you =) Until then have a good day
Paolo (Wefugees)
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by Marcel (Lawyer/Rechtsanwalt)

Hi Daniela

1. Loss of passport

His passport should be with the BAMF or the Außenstelle of BAMF (in Cologne?). the BAMF keeps a central register with all the passports, including those which have not been allocated to a specific asylum procedure yet (especially if there is no asylum procedure). So maybe you should try to enquire with the BAMF/or the Außenstelle of BAMF to have a look into the register where his passport is.

2. Have they a right to deport him?

Basically the loss of the passport constitutes a reason for Deportation (see § 58(3) Aufenthaltsgesetz). With Western Balkans refugees the issue of a "Laissez faire" document instead has become common practice and is also more and more accepted by the home countries as a practical way to deport refugees with no passport back.

Two things you should keep in mind:

a. The Deportation must first be formally announced and a deadline must be set until which he shall leave the country before they can actually proceed with the ceportation. Has he received such an announcement (Androhung der Abschiebung) yet?

b. He may consider to apply for asylum (even though he has no chances of being granted asylum). Or has he already applied? During an asylum procedure he cannot be deported. If he has already applied and his request was denied you should check whether this denial is already final or whether it can still be challenged.

Pls feel free to ask further if you need more help.

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Hi Marcel,
Daniela
Thank you very much for the quick response. The problem is, that neither the Bamf nor the Ausländerbehörde knows where the passport is. Bamf says it is the responsibility of the Ausländerbehörde and Ausländerbehörde says it must be anywhere at an embassy in Albania or in Germany. The embassys has been contacted already and the passport is not there. So it is actually not his fault that the passport is gone. I think he didn't receive the Androhung zur Abschiebung yet. And yes, he already applied for asylum.
Daniela
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