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When is the Aufenthaltsgestattung (asylum ID) taken away, by law? submitted by martin in Asylum proceedings

I received a negative decision on my asylum application for the first time, and when a police decision was handed over, at the same time they took my ID card, even though I had the right to appeal. Is the seizure of my asylum seeker ID in this case in accordance with the law?

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by RosaHonigblau

If you did not refuse the negative decision (Widerspruch) , your Asylum ID isn't worth anything anymore. They could send you back to the Dublin state or to your home in worsed case.
You have to refuse as quick as you can ! Go to a lawyer and tell him to make the "Widerspruch" oder "Klage" TODAY !
Search for help in german fefugee-helping places, cafes or something else.
They can tell you, where to go and what to do.

Best wishes for you.

5 comments
Thank you for your kind answer. I was at lawyer and we sent an appeal on those decisions, but problem is that police took my ID card when they gave me an document with negative decision on my asyl request. In that decision was also written that I can make appeal against that decision with time period of two week to do that, but besides my legal right to make and send appeal , police were took my ID before end of that time, and now they do not want to give me back my Id card, or to issue a new one . Now I am without Id card and I wait that court answer on my appeal. Is that legal to took my ID card before court make final decision and to leave me without ID card for that time while I wait for a court?
martin
Hello @martin - to me it seems to be unusual that they took your ID before a final decision has been made on your case. Usually you keep it until you either 1) get a residence permit or 2) you get a Duldung or 3) you get rejected and have to leave the country. Anyway, as long as you are in Germany you always have to be provided with documents to prove your identity. Maybe you should ask your lawyer if it was an illegal action that police took away your ID and what you can do against it in order to get your documents back. Best regards, Thorgen
Thor (Wefugees)
Thank you Thorgen. please I need an urgent help and answer is that a legal act of police to take my ID card same day when they gave me a decision to leave a country , because my request for asyl was "negative" . Beside that decision they gave me also decision where was written a reason why my request wasn't accepted and why is negative . And at last after those two decisions, they gave me to sign a document , which they didn't gave to me , and after I sign it that, they took my ID and said to leave country. My lawer didn't say anything for that . He was ask for new ID from agency, but they refuse to give, to make a new one. My lawer make an appeal to court because of that and now I must wait for court decision abour my ID . I must say that I am from 11 June without ID or any other document. I wait also that other court decide about my appeal for negative decision for my asyl request. Also I would like to say that I am heavy sickn person and I can not go to doctor or anywhere withou ID card. Because that reason I ask for help and answer is that act of police legal and by law? Thanks to everyone
martin
Hello @martin - as I stated in my comment above it seems to be an unusual action to me that police took away your ID before a final decision on your case has been made. But I can’t tell you for sure if it was a legal or an illegal act because I’m not familiar enough with the legal framework in cases like yours. In general you need valid papers to prove your identity, but (as you said) you don’t have them right now. Therefore it might have been illegal. Maybe @Marcel or @Steven have an idea about this.
Thor (Wefugees)
Hello, if there is a lawyer already involved in this case, why don´t we let him do his work? Regards, Steven
Steven
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