Please sign in to continue


Has to be selected

Will my asylum be accepted submitted by Khan in Legal advice

Dear all ,
I would like to ask a question I am from Pakistan and living Germany as a refugee since one and half year I am heart patient having ICD implementable cardiac defibrillator which is called artificial heart I am regularly going every 6 months to my cardiologist in Freiburg for heart monitoring and controlling I have got medical certificate from my Cardiologist too I am very worried about my asylum
Will my asylum being As a heart patient will be accepted or not because I will need to change my heart ICD in next four years which cost 50 thousand euro which I can't afford
Beside this I am working full time and doing my deutsch study as well I have done B1 deutsch too
Please give me positive answers if any one know about medical asylum your comments will be highly appreciated.
Shiningsiraj@gmail.com
Rheinfelden Germany

3 Comments
Subscribe
Hello @Khan , I will link this question to our competent lawyers @Marcel and @Steven here on the platform. They will share their expertise on this topic and hopefully find an answer for you. Best regards, Thorgen
Thor (Wefugees)
Thank you so much for your kind answer I would like to request to lawyer Marcei and Steven to send me the email address so I can forward all my medically record and the certificate from my cardiologist I am looking forward to for your email My email address is shiningsiraj@gmail.com
Khan
Mini
Small
Drag files or pictures here to upload them
4
Points
picture submitted
by Marcel (Lawyer/Rechtsanwalt)

Dear Khan,

sorry to hear that. Your medical state does not give you right for asylum as such. But you can be given a permission to stay "Duldung", para. 60(2) Ausländergesetz.

However the conditions under which such a permission to stay for medical reasons is given have recently be amdended so it is now more difficult to become them.

It is very important that you get a thorough certificate/expert opinion (Gutachten) by your doctors (which must also show in how far your illness would become worse if you were sent back to Pakistan; it would also help if the opinion states that it is doubtful that Pakistan can treat you adequately, that you have not been treated there before, that the illness arised here in Germany and that therefore medical treatment in Pakistan would be a life-threatening adventure. Bear in mind that the question whether it is "life threatining" or not is an important criteria in s. 60(2) AuslG, so the doctor should make some comments in this regard).

This expert opinion should be handed to the Ausländerbehörde as soon as possible! If it is not handed in time, it may not be taken into account. The law has become stricter in this regard.

This answer has been edited
4 comments
so you should ask the cardiologist to add some comments to your certificate with regard to:
Marcel (Lawyer/Rechtsanwalt)
would it be life-threatening if you would not be treated in Germany, but in Pakistan? would you be able to get the best medicine? what are the risks? etc,
Marcel (Lawyer/Rechtsanwalt)
and then hand it in to the Ausländerbehörde (saying that in case asylum is not granted, you would apply for a Duldung pursuant to § 60(2) AuslG).
Marcel (Lawyer/Rechtsanwalt)
please refer your doctor to section 60a (2c) Aufenthaltsgesetz (latest version!): there you can find all the criteria he has to include in his certficate: gesetze-im-internet.de/auf...
Marcel (Lawyer/Rechtsanwalt)
Mini