If you are not entitled to one of the protection forms (asylum seeker, refugee protection, subsidiary protection or ban on deportation), you will receive a partial or simple refusal from the BAMF together with a notice of intention to deport. In such case, you will be asked to leave Germany within a maximum of 30 days. If you do not leave voluntarily, the deportation would be imminent. You may file a complaint against this decision within two weeks.
Asylum application rejected - what now?
The Federal Office for Migration and Refugees (BAMF) can reject your application for asylum after the hearing. That means according to the decision-makers responsible, you are not entitled to any form of protection (asylum, refugee status, subsidiary protection or ban on deportation). There are two possible types of rejection: simple rejection and the rejection of asylum case as "obviously unfounded" („offensichtlich unbegründet“) or "inadmissible" („unzulässig“). In the event of rejection of your application, BAMF will send you one of these two Refusal Notices („ablehnenden Bescheid“) along with a "deportation notice" („Abschiebungsandrohung“) by post.
However, you have the right to appeal against the refusal of your asylum application in court. In the case of an ordinary denial of the asylum application, you usually have two weeks to formally object BAMF's decision. When an application is refused as "obviously unfounded" or "inadmissible", however, you would only have seven days to appeal, and you should also submit an "urgent request" („Eilantrag“) to the court to postpone the deportation.
Deportation is often accompanied by a ban on entry and residence. If your deportation is not possible due to legal or medical reasons, the Migration Office („Ausländerbehörde“) can grant you a Tolerated Residence Permit (Duldung ). If the situation in your home country deteriorate drastically and there is new evidence to be provided for the case, you also have the option of applying for a Subsequent Asylum Application („Asylfolgeantrag “). If the situation improves and you are no longer deemed to be in danger in your country of origin, the BAMF must revoke your protection status. For example, if you made false statements during the asylum procedure, the BAMF can withdraw your protection status.
From rejection to subsequent asylum application
Rejection as "obviously unfounded" or "inadmissible"
Appealing in the first instance
Deadlines for appealing the decision
Appeal, Revision and Complaint
Tolerated Residence Permit („Duldung”)
Prohibition of entry and stay
Revocation and withdrawal of the status
What is a Subsequent Asylum Application?
You are entitled to file a complaint against BAMF's refusal of your asylum application. The deadlines and the courts to which you can appeal are specified under "Rights of Legal Appeal" („Rechtsbehelfsbelehrung“) at the bottom of the refusal notice.