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What are the steps to take in order to apply for asylum in Germany? submitted by Mhd lankan in Asylum proceedings

Hi I arrived Dortmund yesterday 13th September with My wife and 2 kids

Pls guide me what's the process I need to follow in order to apply asylum.

I used Spain visa to come here Germany so do I need to consult with Lawyer before I apply? Pls guide

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by Thor (Wefugees)

Hello @Mhd lankan

Welcome to our community!

I've got one question for you in advance: Did you apply for asylum in Spain or did they provide you with a refugee status before you came to Germany? I'm just asking because this is of importance if you want to apply for asylum here.

Let's get back to your initial question: There is an overview of the asylum procedure in Germany provided by BAMF (Federal Office for Migration and Refugees):

bamf.de/EN/Fluechtlingssch...

Since you just arrived, the following link should be most relevant for you at the moment. It explains the first steps to take as a newcomer in Germany:

bamf.de/EN/Fluechtlingssch...

If you need help understanding this website, feel free to ask the community. We will try our very best to explain in detail if necessary.

Best regards,
Thorgen

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by Mhd lankan

Dear Thorgen.

Thanks for your quick response, as I said i Used Spain visa for coming from SriLanka but I didn't apply any other country this is my first asylum application.

I assumed based on your answer I don't need to consult any lawyer before pls confirm

Do I need to face Dublin issue? If yes how can I succeed pls guide

Thanks

2 comments
Alright, since you did not apply for asylum in another country yet, there is a chance that your application will be processed in Germany. Concerning the Dublin issue: technically Spain is competent for your asylum request since it's the first European country that you entered. The German Federal Office for Migration and Refugees (BAMF) will check if there are formal reasons to deny you an asylum procedure in Germany (such as having applied for asylum in another EU state or having arrived there before coming to Germany). They can come to the conclusion that Spain is competent and ask Spanish authorities to take you back. You can appeal against that. If you are not send back within six months then Germany has to process your application. That's the theoretical side of the story. In reality it's nearly impossible for refugees to come to Germany without setting foot on European ground before. Yet still BAMF processes thousands of cases every year. To sum it up: It’s a complicated matter. If you got the possibility it’s definitely a good idea to consult a lawyer first, to check what your chances are and how to proceed. I will link two lawyers that share their expertise here on the platform - maybe they have an idea how to handle your situation best. @Marcel @Steven PS: It’s better to post queries as a comment under the answer that they are referring to. That way we keep the structure of each thread clear ;)
Thor (Wefugees)
Thanks Thorgen I shall wait for Marcel & Steven input before I proceed with registration process.
Mhd lankan
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by Mhd lankan

Dear Thorgen.

I’ve reached the second stage as I’ve completed My interview and yesterday I’ve received letter from BAMF saying that they started Dublin process with Spain since they identified I’ve used Spain visa... I’ve been transferred to Second Camp in Düsseldorf.

I wonder how long this process takes and is I’ve to stay in the same Camp or will I get a living house since I’m family

Do i Need to do anything else in this case

Thanks in advance for clarification

8 comments
Hello Mhd lankan - It’s good to hear from you again. After receiving the letter you have two weeks to file an objection against it (if you want to and if it makes sense - please carefully read through my comments to get an overview of the matter). Along with the letter by BAMF, you received instructions on the right to appeal against it at Verwaltungsgericht (administrative court). But it’s a tricky situation. You can still get deported even though the court case has not been decided yet. That’s why you have to file a so-called “Eilantrag” too that postpones deportation until your case has been decided. But you only got one week time for that!
Thor (Wefugees)
Now it gets even more tricky. If deportation to Spain doesn’t happen within six months Germany will be responsible for your case. But if you go to court and receive a negative decision there, you will have to wait another six months from that day onward before responsibility shifts from Spain to Germany. Six months during which you can deported anytime!
Thor (Wefugees)
Some countries like Bulgaria, Greece, Hungary or Italy are known to not be able/willing to provide humane accommodation and other essentials for refugees. That’s why there is a higher chance of success in those cases compared to a lawsuit against deportation to Spain. So if you go to court and get a negative result, you’ll have to wait for six months again. The time you’ve already been in Germany doesn’t count. If you are speculating to stay in Germany it might be the better option not to go to court and hope that the remaining months pass without you getting deported.
Thor (Wefugees)
However, I highly recommend you to get in touch with counselling centers or other institutions that offer legal advice for people in situations like yours as soon as possible to find out what’s best for you to do. As it is a complicated matter we should rely on experts right now that can give you custom fitted advice.
Thor (Wefugees)
If everything fails and you get send to Spain: It’s not the end of the world. Keep in mind that you can apply for asylum there again. Best regards, Thorgen
Thor (Wefugees)
Hi Thor Thanks for details response... It’s seems different scenario I didn’t get the paper for appeal but I only got as below Sehr geehrte Familie Mohamed Thameem, in ihrem Asylverfahren wurde nunmehr ein Dublin-Verfahren an Spanien eingeleitet. Mit freundlichen Grüßen Im Auftrag Nitka
Mhd lankan
Hello Mhd lankan - as you said this letter states that they started the Dublin process in order to send you to Spain. I don’t know how long it’s going to take and unfortunately I’m not familiar enough with the procedure. Maybe you can try to get help through counselling centers in your city. If you tell us where you live we can do some research to give you an address where to go. Best regards, Thorgen
Thor (Wefugees)
Hi Thor I’m in Neuss city
Mhd lankan
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