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After the rejection of the Asyl-Antrag – legal options and further perspectives

Unfortunatrly, your Asyl-Antrag has been rejected. The Bundesamt für Migration und Flüchtlinge (BAMF) says that your reasons for leaving your country were not sufficient. Or the BAMF says that you did not tell the truth. You can appeal to the administrative court against the rejection.
The fact that your Asyl-Antrag was rejected does not automatically mean that you are going to be deported immediately.

Types of rejection

In Germany, there are three types of rejection. Which kind of rejection you get will be written in the negative decision notice (Ablehnungs-Bescheid) .
The negative decision notice will come by post in a yellow envelope. The envelope is very important. Keep the envelope. There are three types of rejection:
1) Manifestly unfounded (offensichtlich unbegründet)
2) Unfounded (unbegründet)
3) Inadmissible (unzulässig)

Appealing against the rejection

You can appeal against the rejection of your asylum application. You have to make the appeal to the administrative court (Verwaltungsgericht). If you want to appeal, you have to be quick. Sometimes you only have seven days time.
The start of the deadline for the appeal is written on the yellow envelope. This is the reason why you have to keep the envelope..

If you are too late making the appeal, you have no chance of a court hearing.


Go quickly to an advice office or directly to a lawyer, if you want to appeal against a rejection.
On the website aktiv.fluechtlingsrat-bw.de there is a template for the appeal.
If your asylum application is rejected as offensichtlich unbegründet (manifestly unfounded) or unzulässig (inadmissable), you have to apply for a delaying effect. Only if you make this application can you prevent yourself for being deported during the appeal process.On the websiteaktiv.fluechtlingsrat-bw.de, you can find a template for the application for delaying effect[/link].

Rejection and appeal: The process in details


1)Rejection as “offensichtlich unbegründet” (manifestly unfounded)
Your negative decision notice says: Your application for asylum has been rejected as manifestly unfounded (offensichtlich unbegründet). If you want to appeal, you only have seven days time. The appeal has to reach the court within this time. Go quickly to an advice office or to a lawyer.
Together with the appeal, you have to submit an „application for delaying effect“. On the website aktiv.fluechtlingsrat-bw.de there is a template for the appeal and for theapplication for delaying effect.

If you do not appeal, you only have one week to leave Germany. If you do not leave Germany within this time, then Germany can deport you. If you do not want to leave Germany, you have to look into other options.There are very few options. Ask anadvice office. If you want to leave Germany, ask a repatriation advice office.

2) Rejection as “unbegründet” (unfounded)
Your negative decision notice says: Your application for asylum has been rejected as „unbegründet“ (unfounded).
advice office or a lawyer.
If you do not appeal, you have one month within which to leave Germany. If you do not leave Germany within this time, then Germany can deport you. If you do not want to leave Germany, you have to look into other options. There are only a few options. Ask an advice office. If you want to leave Germany, ask a repatriation advice office.

3) Rejection as „unzulässig“ (inadmissable)
Your negative decision notice says: Your asylum application was rejected as unzulässig (inadmissable).
You have seven days in which to make an appeal.
Your asylum application was probably rejected because you are in the Dublin process or have been granted a protection status in another country.

Make sure to get advice before appealing. Find out why in the chapter about the Dublin process.


If you appeal, you also have to make an application for delaying effect. On the website aktiv.fluechtlingsrat-bw.de you can find a template for the appeal and for the application for delaying effect.

If you do not want to leave Germany, you have to look into other options.There are very few options. Ask anadvice office. If you want to leave Germany, ask a repatriation advice office.

Duldung

If your application has beenrejected, you will get a Duldung.There is a date in the Duldung document. This date shows how long the document is valid for. Before this date is reached, you have to go to the Ausländerbehörde to get your Duldung extended.This date does not mean that Germany is going to deport you after this date.
But the date also does not mean that Germany is not going to deport you before this date. In some cases, Germany will not deport you because of a Duldung. You can find more informationabout this in the chapter „safe Duldung“.
Ask an advice office or the Ausländerbehörde why you have a Duldung.

Perspectives in Germany

Once you have been rejected, you have less opportunities in Germany. In some cases, you will be deported quickly.In other cases, you can stay in Germany for longer. But there are not many possibilities. Ask an advice office.
The options are listed in detail on the website of the Refugee Council of Lower Saxony (unfortunately, only in German).

Subsequent asylum application
If the BAMF has rejected you, you can submit a subsequent asylum application. The BAMF will only accept a subsequent application if your situation has changed or if you have new proof. If your situation has changed or you have new proof, you have to submit a subsequent asylum application within three months.

Right to stay due to job training, family or other reasons
Apart from asylum, there are other grounds for being allowed to stay in Germany. For example, marriage, family or also job training (Ausbildung). Ask an advice office.

Hardship appeal
The hardship appeal is an appeal to the hardship commission in Baden-Württemberg. This commission decides whether to make an exception due to special circumstances and allow you to stay in Germany. Anyone can make a hardship appeal. You can find information on the website of the Refugee Council of Baden-Württemberg (unfortunately only in German). Ask an advice office.

„Safe“ Duldung
f you are not deported, you may get a „safe Duldung“. German law says that there are „real or legal reasons“ “ nicwhich prevent you from being deported, if your home country does not a treaties with Germany or if a deportation is not possible without documents. The perspectives can be found on the website of the Refugee Council of Lower Saxony (unfortunately only in German). Ask an advice office.
Sometimes there are legal reasons why you cannot be deported. For example, if you will soon be having a child or if you are doing job training (Ausbildung). The perspectives can be found in detail on the website of the Refugee Council of Lower Saxony (unfortunately only in German). Ask an advice office.

Right to stay
f you have been in Germany with a Duldung for a long time, you may be able to get a “Bleiberecht” (right so stay). In order to do this, you have to have lived in Germany for at least eight years, you have to speak German and have employment.
If you are a family, you have to be living in Germany for at least six years, as well as speaking German and having employment. More information can be found on the website of the Flüchtlings-Rat Niedersachsen (unfortunately only in German). Ask an advice office.
f you are between the ages of 14 and 21 and have been living with a Duldung for a long time, you may be able to benefit from a different kind of "Bleiberecht" In order to do so, you have to have lived in Germany for at least four years. More information can be found on the website of the Refugee Council of Lower Saxony (unfortunately only in German). Ask an advice office or a church. The website kirchenasyl.de gives you more information.