Formal rejection of asylum (Formelle Ablehnung): What should you do?

What does a formal rejection of an asylum application mean (Formelle Ablehnung)?

It is a decision issued by the Federal Office for Migration and Refugees (BAMF) when it decides not to examine the substance of the asylum reasons, due to legal procedural/system-related reasons, such as:

1. Dublin case (Dublin procedure)
If it is established that the asylum seeker previously applied in another European country, or their fingerprints were registered there, Germany considers itself not responsible for examining the asylum claim.
In this case, a formal rejection is issued, and the person is informed that they will be transferred back to that country within a certain period (often 6 months).

2. Repeated application (subsequent application without new reasons)
If a person submits a new asylum application after a previous rejection without presenting new substantial reasons or new evidence, BAMF rejects the application formally without examining the reasons again.

3. Entry from a “safe third country”
If a person entered Germany from a country classified by German law as a “safe third country” (such as Austria, France, Sweden, etc.), then under Article 16a of the Basic Law, political asylum is not granted.
The application is rejected formally, and the person is returned to that country.

What should you do if you receive a formal rejection?

1. Understand the exact reason
Read the decision carefully, or seek help from a lawyer or an advice center (such as Pro Asyl or Diakonie).
Identify whether the reason is Dublin, a repeated application, or a safe third country.

2. File a court action (Klage) before the administrative court
In most cases, you can file a claim within a very short deadline:

• 7 days in Dublin or safe third country cases.

• 14 days in some repeated-application cases.

In the lawsuit, you ask the court to force BAMF to examine your reasons or to temporarily stop deportation.

Very important: In Dublin cases, you must also file an urgent request (Eilantrag) within the same deadline to prevent transfer before the court decides.

3. Do not wait until it is too late
If the deadline passes without action, the decision becomes enforceable, and you may be transferred/deported without further notice.
It is best to contact a lawyer or refugee support center immediately.

4. If you are genuinely at risk: prepare a new application based on new evidence
If the lawsuit fails, you may later file a subsequent application (Folgeantrag)—but only if:

• new reasons emerged or your situation changed fundamentally,
  such as: a new arrest warrant, a new war in your country, or proof of a new personal risk.

Can you successfully challenge a formal rejection?
Yes, in some cases, for example:

• if the EU country you are supposed to be transferred to (under Dublin) does not provide humane living conditions, such as Greece or sometimes Bulgaria,

• or if more than 6 months pass without the transfer being carried out, Germany becomes responsible for your case automatically (under the Dublin system).

Conclusion
A formal rejection does not necessarily mean your case is weak; it means Germany considers itself not legally responsible for processing the claim. However, you can still defend your rights—provided you act quickly, understand your legal situation, and seek legal advice immediately.

ـ The site’s writers and editors aim to provide accurate information through extensive research and multiple sources. However, errors may occur or some information may be unconfirmed. Please treat the content as initial guidance and always consult the competent authorities for verified information.