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Is leaving the refugee without ausweis for two months out of law? submitted by Dona in Legal advice

Hello dear wefugee team,
I am writing in connection with my ausweis that is at Ausländerbhörde.It was expired and I gave to prolong the date but it has been two months I am without it.I asked the woman working there to give me a paper that will state my ausweis is there in case police stops or something happens but she did not.I did not even have my second interview,could you please tell me if the woman has the right to keep my ausweis for that long leaving me without it or she is breaking the law.If she has no right what can I do and where can I apply?
Thank you.

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by Marcel (Lawyer/Rechtsanwalt)

Dear Dona, what kind of Ausweis was it exactly?

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I cannot remember how it was called because been two months I do not have it but it was the one that I was given after the first interview.And after that I got my final transfer and got a flat and it was even written behind of the document that I am allowed to work(work permit).
Dona
And thanks for the reply dear Marcel☺️
Dona
Then it is probaly your "Aufenthaltsgestattung". In this case one further question: how far did you get with your asylum proceedings? Have you been given a date for a Hearing yet, and if yes, when will that roughly be? (you have a right to have your Aufenthaltsgestattung to be prolonged for 3 months several times if you have not received a date for a Hearing or your date is after the 6 month period your Aufenthaltsgestattung was valid for)
Marcel (Lawyer/Rechtsanwalt)
That is exactly what I had.And it was the first time to be prolonged.After the first interview we were given Aufenthaltsgestattung and when it was to be expired we gave it to Auslanderbehörde to prolong after that we never got back.My husband had his second interview invitation and took the letter to her saying he needs the paper to go to Interview she refused to give,so he went without it and had his second interview while I did not get a letter and am waiting for a second interview.
Dona
Normally they have to give you a Prolongation if you are waiting for an interview with the BAMF (§ 55, 63a AsylG). you should ask the person why she does not issue you a new document. She must give you a reason. You should find out the reason, if there is no valid reason, you can apply to the court.
Marcel (Lawyer/Rechtsanwalt)
That is what our lawyer should do yet she has done nothing:( Ich danke Ihnen!
Dona
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