From the blog

Rejected Asylum seekers and what they need to know about the process in Germany.

This post is also available in: Deutsch (German)

In case you’re under asylum in Germany you might be interested to know more about your faith after your asylum is rejected. When your asylum application is rejected you are obliged to leave German. In such cases,

BAMF asks you to depart within a specified time limit and threatens to deport you according to the Asylum Law §34.

What is asylum law §34?

English translation.
Well the Asylum Act (AsylG) §34 is threat of deportation.
The Federal Office issues a written warning of deportation in accordance with sections 59 and 60 paragraph 10 of the Residence Act if.

  1. the you are not recognized as a person entitled to asylum,
  2. If you are not granted refugee status,
  3. if you’re not granted subsidiary protection,
  4. If the requirements of Section 60 subsections 5 and 7 of the Residence Act do not exist or, despite the existence of the requirements of Section 60 subsection 7 sentence 1 of the Residence Act, deportation is exceptionally permissible and
  5. If you do not have a residence permit

Do deportees have a right to appeal BAMF decision under Asylum Act (AsylG) §34?

Yes sure . For instance, people whose asylum applications are rejected are entitled to file appeals with an administrative court. But they need to do so quickly. Those whose applications are rejected as “obviously unfounded” have only one week to file an appeal, while others get two weeks. People can also appeal against the decisions made by the foreigners’ registration authorities. when you receive a negative notice together with a notice of intention to deport you’ if the conditions for none of the forms of protection – entitlement under Asylum Act (AsylG) §34 then know that it is rejected under one of this types of rejection.

Types of asylum Rejection are

  1. Outright rejection. meaning you have a deadline of 30 days to appeal your case or you could be deported
  2. manifestly unfounded. meaning your deadline period is only one week and you have to see a lawyer as soon as you received the rejection latter from BAMF.
  3. you could be rejected too due to the Dublin Regulation, like if another EU country is responsible for your asylum case. Your application may be rejected as “obviously unfounded” when, for instance, the BAMF sees significant contradictions in your story or your reasons for flight or believes that you have fled to Germany solely for economic reasons.

After receiving a deportation order, you must seek advice from a lawyer or a counselling centre. Even if your asylum application has been rejected, there are still some options which can enable you to stay in Germany. Learn more about these options in the chapte Rejected asylum or handbook.

Will you be inform before you will be deported?

Yeah of should be notice first. They will send you a formal notice which is called “Abschiebungsandrohung” (roughly: “deportation order”). In this notice, the destination of deportation must be specified. Sending such a letter is mandatory before deportation, i.e. If you have not received it, you must not be deported. In principle, when your asylum application is rejected, you receive a deportation order along with your rejection notice from the BAMF. The deportation orders are sent as registered letters; which means the BAMF knows when the letter arrives in your mailbox.

would I get asylum if I am well integrated in Germany?

Many asylum seekers believe they will have better chances in their asylum process if they work or speak fluent German. Whether you will be granted protection in Germany has to do with what you have gone through in your home country. The Federal Office for Migration and Refugees (BAMF) is not interested in whether you work in Germany or not or your level of fluency in the German language. But your Integration could upleaft your chances of stay in germany in many ways.

German proficiency, however, can help you -regardless of the result of your asylum procedure – to stay in Germany: rejected asylum seekers or people with a tolerated stay (“Duldung“) can obtain a so-called Tolerated Stay for the Purpose of Vocational Training (“Ausbildungsduldung“) if they start a qualified vocational training (“qualifizierte Ausbildung”). An “Ausbildungsduldung“ allows you to stay in Germany for the entire time of your training programme.

So it pays to learn German as soon as possible after you arrive in Germany and start vocational training. Then you can apply for a Tolerated Stay for the Purpose of Vocational Training (“Ausbildungsduldung”) in case your asylum application is rejected. If your application for asylum has already been denied or you have never applied for asylum, and you currently hold a “Duldung”, it may be worth your while to apply for vocational training. rea more here