Dear Sir/Madam,
I am Abdur R. from Bangladesh and my wife from Nepal. Today my wife got asylum rejection letter from BAMF office. They order to my wife to leave Germany within 7 days. I don’t get any decision from BAMF ofiice yet. How can i apeal against this decision? What should i do? Please anybody help me to give any suggestions what should i do? I don’t have enough money to hire a lawyer.
Hello Abdurrazzak88 , thank you for your question. Our experts from the LIFE Initiative will answer your questions as soon as possible. Best wishes Barbara
Hello Abdurrazzak88, I'm sorry to hear about your difficult situation. The following answers are provisional, as we do not know your exact situation and cannot give legal advice.
If the BAMF's decision on your asylum application reads something like this, “Antrag abgelehnt” or “Antrag offensichtlich unbegründet abgelehnt” we would highly recommend searching for a lawyer for your case and asking them for advice. As you already said, you can appeal against the decision. If your asylum application has been rejected, you have two weeks to appeal. If it has been rejected as “offensichtlich unbegründet”, you only have one week to appeal. You can use this guideline for further information: https://life-initiative.org/en/asylentscheidung/. If the BAMFs decision states that your asylum application is “als unzulässig abgelehnt”, this is a Dublin decision. You can find more information here: https://handbookgermany.de/tr/dublin-procedure. In the case of a Dublin decision, we also strongly recommend that you look for a lawyer.
If you have no money, you can look for free counseling centers. The Refugee Law Clinics (https://home.refugeelawclinics.de/2022/11/22/rlc-standorte/) offer free counseling in many cities. They can provide an assessment but they do not offer legal advice or represent you in court. The help of a lawyer may initially cost you money (around 150-350 Euros for the first consultation and if the lawyer communicates with authorities or represents you in court, it will cost additionally, e.g. 50 € to 100 € per month). But you can ask if you can get legal aid (Prozesskostenhilfe) if the case goes to court. This means that if the court approves the application for legal aid, part of the lawyer’s fees will be covered by the state. However, your lawyer will probably still want an advance payment. Ask how much you need to pay in advance and if you can get part of the money back later.
Here you will find a guide in English on how to find a suitable counselling centre: https://life-initiative.org/en/beratungsstelle/ and here you can find a guide in English on how to find a suitable lawyer: https://life-initiative.org/en/anwaltssuche/ Choose a lawyer who specializes in migration law.
I hope this information is helpful for you.
Kind regards, Yasmin
Thank you so much for your kind full reply. My wife's asylum application rejection reason is “offensichtlich unbegründet”. BAMF gives her one week time to leave Germany or apeal to the court. I am searching lawyer here and there but nobody gives me early appointment. Everybody said end of the December can give appointment. But i need right now legal help. Then today i go to Dusseldorf Court with my wife for apeal. I give apeal letter to the court reception. Now what should i do? I can't find lawyer early appointment. Will court automaticly appoint a government Lawyer on behalf my wife's? Will court give us any letter about lawyer appoint or court call us for interview? Actually i don’t know what the next step! Please help me anybody what should i do if i cant appoint any lawyer as soon as possible? How i know court approves the application for legal aid or not? Should i go to Court with Lawyer again? Should i need to send any letter to BAMF office about my apeal?