Afghan GF facing deportation - where can we find legal help?

259 posts in this topic

Yes, the deportation to Hungary is ordered. In addition to that she has 1 year ban to enter Germany. Unfortunately, she has to go to Hungary.

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She will be sent ( not sure how) to Hungary. They´ll love that there in the current climate. Not good for your girlfriend or you. You are both young and out of your original home zones. Don´t know what can help..sorry.  Ok, get married but as others have said ...maybe too soon. Do you love her?

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It's definitive------------ unless your girlfriend doesn't appeal the decision WITHIN 2 WEEKS !!!!!!!!!!!!!!!!.

 

 

Where to appeal ?? Maybe i can speak with autorities that she can stay with me (without marriage) ?

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At court.

 

Don't do it yourself. Contact immediately (tomorrow morning first thing) one of those help centres in the link. Ask for a lawyer's address if you can't go by or don't get an immediate appointment with your girlfriend at one of them .

 

You need to do this as fast as anyhow possible, each day will count.

 

Various German courts have rejected deportation of refugees like your girlfriend to Hungary for good reasons, since there is doubt that Hungary treats asylum seeking people according to European law and due to the fact that Hungary can't give appropriate shelter for them.

 

As long as you both can make your appeal in time your chances aren't bad at all.

 

Good luck.

 

 

 

 

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Seriously, lets all take a back seat here.

 

She will  be sent to Hungary, where the woman are hot and the beer is cheap.

 

Am i missing something here ?

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Where to appeal ?? Maybe i can speak with autorities that she can stay with me (without marriage) ?

First of all, Germany does not recognise common law relationships. Secondly, even if you wanted to get married, it is not possible to get married so quickly in Germany (and your girlfriend is not allowed to go to Denmark). 

 

Whether she can go with you to Romania is something you need to research yourself. 

 

To try and stay in Germany, your girlfriend needs professional advice. 

 

 

 

due to the fact that Hungary can't give appropriate shelter for them.

 

And Germany can? AFAIK all shelters in Germany are currently overflowing, which is one of the reasons Germany is trying to quickly deport people like the OP's girlfriend for whom Germany is not legally responsible. 

 

As long as you both can make your appeal in time your chances aren't bad at all.

 

A few months ago, I might have agreed with you. However, the consequence of your government's poorly thought out policy is that there is very little room left to manoeuvre and Germany lacks the logistical capacity to handle the influx of applicants, thereby making it difficult for Germany to grant special exemptions. 

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I got a response from someone from Bamf.

 

Dear Mr xxx,

 

You can appeal against the decision within two weeks of delivery by writing to the competent tribunal (you find the adress in the decision).

 

The date the appeal is received by the tribunal is key to determining whether the appeal was received in time.

 

The lawsuit must name the plaintiff, respondent and the subject of the claim, and this must be submitted in German. It is to be directed against the Federal Republic of Germany, represented by the Federal Ministry of the Interior, represented in turn by the head of the Federal Office for Migration and Refugees in Nuremberg, Germany (postcode: 90343). It should contain a specific application.

 

The facts and evidence provided as grounds for the lawsuit must be stated within a period of one month after delivery of this decision. The court can reject declarations and evidence submitted after the end of this period and without further investigation if, in the opinion of the court, their admission would delay the settlement of the legal dispute and there is no adequate reason for the delay (subsection 3 of section 87b of the Code of Administrative Court Procedure (VwGO)).

 

The lawsuit against the removal order does not have suspensive effect. An application for an order establishing the suspensive effect of the lawsuit as per subsection 5 of section 80 of the Code of Administrative Court Procedure (VwGO) can be filed within one week of notification of the decision with the tribunal listed above.

 

 

Do i have to go to Nuremberg, or can I initiate the process from here from Stuttgart ?

Does anyone have an idea how expensive legal assistance will be? I have legal insurance from Allianz , but i am not sure will cover the costs of my girlfriend process

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Most legal insurances do not cover lawsuits against the State.  And definitely not for someone who is not part of your household.

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On the Flüchlingsrat website there's a list of lawyers which deal with asylum law, see RechtsanwältInnen; there's one office in Überlingen and three in Konstanz/Singen).

 

The Flüchtlingsrat organisation also has a hotline:

Telefonzeiten

0711/ 55 32 83-4

bei Fragen oder Beratungsbedarf

Montag - Freitag
14.00 - 17.00 Uhr

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And normally lawsuits against the state are valued at 10,000 euros for the calculation of the lawyer fees. Not sure about asylum cases though - they might be different.  

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Maybe your girlfriend can apply for help from a fund which Pro Asyl has. At any rate, as others have pointed out, time is of the essence. Your girlfriend needs a lawyer to appeal the deportation decision (Klage erheben) and to apply for interim relief (Eilantrag) in order to suspend the deportation. The Eilantrag has to be presented to the Verwaltungsgericht within one week (!). The chances of the appeal against deportation under the Dublin regulations vary, according to Niedersachsen-Flüchtlingsrat; among the countries into which extraditions are currently suspended are Greece, and in many cases Italy, Bulgaria as well as Hungary.

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I will try to answer carefully as all my threads as all me replies are being are being negated heavily.

It seems as is I am not allowed to say nice things about Hungary.

 

I would really call more than 5 lawyers and keep on calling.

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Your legal insurance covers YOU, and not your girlfriend!

 

If you really want to be sure to be able to keep her here, it seems to me that you will have to marry her, and pretty quickly, too! 

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Your legal insurance covers YOU, and not your girlfriend!

 

If you really want to be sure to be able to keep her here, it seems to me that you will have to marry her, and pretty quickly, too! 

I cannot marry someone after i meet only couple of months ...WTF

 

Amnesty International told me they can make a meeting for Monday but i called my GF and she says she doesnt know if she comes since she has german courses

 

I wonder if Amnesty would help us or it would be as useless as Welcome Center Stuttgart where i was today and they told me :u need a lawyer...

 

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I cannot marry someone after i meet only couple of months ...WTF

People are telling you to marry her because it is pretty much the only option.  If not then she will most likely be deported, and as previouly pointed out even that isnt actually doable because the timescales are too short.  As harsh as that is, it is the fact of the situation.

 

We understand that you want to help, but the only option is probably to go with her to hungary and marry there.  Or dont.   Hard decision.

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Are you financially well enough to give a Verpflichtungserklärung? If so you might want to discuss that option with a lawyer.

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Keep calling lawyers from the list. I hope you find someone. If you go to the Amnesty meeting, your girlfriend should attend. It is her who can give a first-hand account (but it is great that you support her). Keep in mind the deadline for the Eilantrag (within 1 week after receiving the notification about the decision which you posted).

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I cannot marry someone after i meet only couple of months ...WTF

 

Although I wouldn't recommend, it might be her only option to stay in Germany (although I also don't where you could marry quickly either). You need to decide what you are willing to do for someone you've known for less than 4 months. 

 

Amnesty International told me they can make a meeting for Monday but i called my GF and she says she doesnt know if she comes since she has german courses

 

Why is your girlfriend so worried about missing German classes when there is a good chance that she is going to be deported? If she doesn't file an appeal within a week of receiving the letter, she can be deported at any time. Furthermore, she'll not be allowed to enter Germany for the next 12 months. 

 

I wonder if Amnesty would help us or it would be as useless as Welcome Center Stuttgart where i was today and they told me :u need a lawyer...

 

 

I don't know how much attention you pay to current events, however, there are currently many refugee applicants and not enough people to assist them all. You'll either have to find an experienced lawyer or try Amnesty, Pro Asyl, etc. Although you'll need experienced assistance, you can't afford to be picky because most professionals are currently swamped with more cases than they can handle. 

 

 

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