Is BAMF violating the European laws?

12 posts in this topic

Hello all,

 

I'd like to know what you think about this.

 

My girlfriend has filed an asylum request in Germany, dated August 2014.
She comes from an African country where a civil war is killing many people.
Now, after 5 years, she still has no answer.
She did an interview last year, and that's it.

 

According to:
European Directive 2013/33/UE: https://eur-lex.europa.eu/legal-content/en/ALL/?uri=celex%3A32013L0033

 

Article 21

"Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation, in the national law implementing this Directive."

 

and she is the mother of 3 kids, one of whom with mental disorders (autism and ADHD) as written in the documents that BAMF owns.


According to:
European Directive 2013/32/UE: https://eur-lex.europa.eu/legal-content/en/ALL/?uri=celex%3A32013L0032

 

Article 31
...
5. In any event, Member States shall conclude the examination procedure within a maximum time limit of 21 months from the lodging of the application.

 

(And recently Italy has forced the limit to 6 months for all EU, cannot find the law but it's documented here in an Italian website:
https://www.ilblogdellestelle.it/2018/04/business_immigrazione_e_riforma_del_diritto_di_asilo_vittoria_al_parlamento_europeo.html/comment-page-10)


6. Member States shall ensure that, where a decision cannot be taken within six months, the applicant concerned shall:

(a) be informed of the delay; and
(b) receive, upon his or her request, information on the reasons for the delay and the time-frame within which the decision on his or her application is to be expected.

 

Currently, it's about 5 years that the examination procedure is alive!
And she has never been informed of the delay!


So, is BAMF violating the European laws?

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52 minutes ago, dj_jay_smith said:

Sound like you need a lawyer!

Agree- none of us can offer any legal advice on this.

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I agree that it sounds as if you need a lawyer.

 

There are some listed here for Karlsruhe and other towns in your federal state.

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22 hours ago, trallallero said:


She comes from an African country where a civil war is killing many people.
 

[...]


So, is BAMF violating the European laws?

 

Which country is this? How can anyone give a meaningful answer when you just want to disclose the continent your girlfriend is from?

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On 7/4/2019, 11:53:36, Smaug said:

 

Which country is this? How can anyone give a meaningful answer when you just want to disclose the continent your girlfriend is from?

 

Sorry for the late reply, but the notifications never work on this site. 

(edit: ok, now I understood why. The emails from toytowngermany were marked as spam in gmail)

 

She comes from Camerun, English part. 

But even if she came from Switzerland, it would not justify a 5 years delay.

A refuse after 6 months would have been more polite and humane.

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On 7/3/2019, 1:38:00, trallallero said:

So, is BAMF violating the European laws?

There are no European laws, just directives. Each country has to translate those directives to local laws.

Probably Germany has done it differently.

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9 minutes ago, MikeMelga said:

There are no European laws, just directives. Each country has to translate those directives to local laws.

Probably Germany has done it differently.

 

https://en.wikipedia.org/wiki/Directive_(European_Union)

 

"A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods."

 

IMO, the results are quite clear in the mentioned European directives.

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3 minutes ago, trallallero said:

 

https://en.wikipedia.org/wiki/Directive_(European_Union)

 

"A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods."

 

IMO, the results are quite clear in the mentioned European directives.

Clearly, the member states can choose how to enforce/decide.

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9 hours ago, RedMidge said:

Clearly, the member states can choose how to enforce/decide.

Not only how, but also when. Some member states take years to transpose the directive, on purpose!

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