The BAMF Decision: A Negative Outcome
The BAMF decision involves reviewing the asylum seeker’s application and questioning them about the important points of their case. BAMF will decide whether the application is credible and determine whether the person should be allowed remain in Germany. A successful decision at this level can result in the applicant receiving a residence permit for three years and even leaves the doorway open for a permanent residence permit (§ 26 (3) AufenthG).
However, a negative decision can result in the applicant being transferred to another EU member state or to them receiving a rejection notice. A rejection notice can in turn lead to deportation. However, what is vital to bear in mind is that the BAMF decision can be appealed. The paperwork concerning this appeal must be filed at the Administrative Court within two weeks of the date of service (stated on the envelope with the decision). However, if BAMF strongly reject the application it may leave the applicant with only one week to appeal. Make sure to keep all letters received on this matter and contact our legal team as soon as possible following receiving them.
Once the appeal has been lodged and the legal proceedings are underway, the applicant does not lose their asylum seeker status. They remain in possession of a residence permit and can stay in Germany while the case is on-going. However, missing deadlines for different statements can have the opposite effect whereby the decision of BAMF may be deemed final and the decision can no longer be contested in court. Therefore, knowing the different deadlines which apply and not exceeding them is crucial to this entire process!
Types of Rejection: BAMF Decisions
When it comes to BAMF decisions there are two main categories of rejection – a simple rejection and the more serious “obviously unfounded” rejection. As stated above, the simple rejection gives a person two weeks in which to file an appeal against the decision but with the “obviously unfounded” decision this is reduced to one week. In cases of “obviously unfounded” it is crucial to consult with an expert asylum lawyer as the appeal process can be more complicated because of this decision. An injunction against a deportation order may need to be filed under § 80(5) VwGO among other forms of paperwork. Having an “obviously unfounded” decision made against your application also does not provide a positive outlook for the likelihood of success without legal assistance when bringing the case to the Administrative Court.
Administrative Court: Is a Lawyer Necessary?
As can be seen in cases of “obviously unfounded” it is crucial to obtain legal support. In a case of simple rejection there is no requirement to avail of legal counsel, but it will increase your chances of success. The Administrative Court does not necessitate having a lawyer by your side but remember in this case against BAMF’s decision, you will be against a group who know more about the German legal process than you do. Making mistakes or saying the wrong thing here can lead to your application facing rejection. An asylum lawyer in your corner is not a guarantee of success, but it certainly increases that likelihood. Hiring an asylum lawyer is more of an investment in your future as a rejection at the level of Administrative Court can be more consequential that the initial BAMF decision.
Appeal an Administrative Court Decision
Should the case in the administrative court not be successful, it may be possible to appeal the decision at a higher court. When even considering this step, one should make sure they are working with a legal professional! Making appeals in Germany can be time-consuming affairs and they require a clear understanding of German law. A lawyer will also outline in clear terms whether this a step worth pursuing based on the chance of success.
On our page concerning Criminal Appeals in Germany you can find a more detailed outline of the appeal system in Germany. Although this form of case is not a criminal law case, the appeal based on point of law (die Revision) and appeal based on the facts of the case (die Berufung) will be a similar process. The appeal base on point of law is a particularly difficult matter and can only be even attempted by a legal professional.
The facts of the matter at hand will determine whether such an appeal is worth pursuing. Our lawyers will work with you and will represent you professionally if such an appeal is deemed to be the best course of action.
Our Services in Asylum Law
Success in the German asylum system is not a straightforward matter. The best way to prepare yourself for success is through working closely with an asylum lawyer. At Schlun & Elseven Attorneys, our asylum lawyers are experienced legal professionals who have a deep knowledge of both German and European law in this field. We work closely with our clients to help prepare them for what is involved with such a case. Our services include (but are not limited to) the following:
- Case preparation: our lawyers will work with you in order to fully prepare for the case at hand,
- BAMF decision analysis: we will analyse the previous decision in order to answer the questions raised by the previous BAMF decision,
- Deadlines: making appeals and seeking injunctions involves acting quickly in limited timeframes. Our professionals have been through this system many times and know how to respond to a deadline,
- Breakdown of German and European law: breaking down the German legal system through clear and concise explanations will help prevent information and strategies getting lost in translation,
- Strategy planning: we will work with you in creating our strategy for approaching your case,
- In-court representation: our lawyers will be beside you in court, representing you with our legal expertise,
- Advice on appeals: if the case at the Administrative Court is not successful, we will give you clear counsel on the best way to proceed and represent you in further appeals if deemed prudent.