Examining the Dublin procedure

2018.11.28 • Ar cle • Asylum and refugee protec on

Source: BAMF

The Dublin procedure is used to determine the responsibility for carrying out the asylum procedure in an EU Member State. The Dublin III Regula on (see Legal basis below)
lays down criteria and procedures to be applied when determining the Member State responsible for examining an applica on for interna onal protec on. It applies in all 28
EU Member States, as well as in Norway, Iceland, Liechtenstein and Switzerland.

The purpose of the Dublin procedure is for each asylum applica on which is lodged in the territory of the Member States to be examined under the substan ve law of one
state only. This is intended to manage or limit secondary migra on within Europe.

The steps in the Dublin procedure in the Federal Office

A er the applica on has been submi ed to the competent branch office of the Federal Office or to the competent Arrival Centre, the personal interview takes place in
accordance with Art. 5 of the Dublin III Regula on, the content of which is used by the Federal Office to determine the competent Member State and to examine impediments
to deporta on in the Dublin procedure. The applicant is informed in this interview about the Dublin procedure and asked to state any reasons why he or she should not be
transferred to another Member State.

If there are indica ons that another Member State is responsible, the file to ini ate the Dublin procedure is forwarded to the Dublin Centre of the Federal Office which holds
responsibility there.

If the examina on carried out by the Dublin Centre reveals that another Member State could be responsible for processing the asylum applica on, a "transfer request" is
addressed to the Member State concerned. If the Member State approves the transfer request, the Federal Office finds that the asylum applica on is inadmissible and orders
deporta on to the responsible Member State.

The individual in ques on may bring an ac on against this decision and apply to the administra ve court that has jurisdic on to order suspensive effect in accordance with
sec on 80 subsec on (5) of the Code of Administra ve Court Procedure (VwGO). Transfer to the Member State is not permissible before a judicial ruling has been handed
down on the applica on for suspensive effect to be ordered.

The transfer must take place within six months of the agreement of the Member State. If the individual in ques on is in custody, the transfer period is 12 months. If the
individual in ques on is a fugi ve, the transfer period is 18 months. If a request is made for suspensive effect to be ordered, the transfer period is interrupted un l a decision
is taken on that request.

The actual enforcement of the transfer is the responsibility of the immigra on authori es and the Federal Police.

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This means that the planning of the transfer date is also the responsibility of the immigra on authority. The law enforcement authori es are in a endance on the day of the
transfer, and can react to any impediments to deporta on. To this end, the Federal Länder check the ability of the individual in ques on to travel on the day of the transfer.
The Federal Office merely coordinates the transfer between the competent Member State and the law enforcement authori es.

If the transfer is not carried out within the relevant transfer period, responsibility for the examina on of the asylum applica on is transferred to Germany.

A Dublin procedure is also applied to third-country na onals residing in the Federal Republic of Germany without authorisa on who have previously lodged an applica on for
interna onal protec on in another Member State.

The Dublin III Regula on does not apply if interna onal protec on has already been granted in a Member State. Another asylum applica on in Germany is inadmissible, and
deporta on takes place to the Member State which granted protec on.

The legal basis

The legal basis for the Dublin procedure is cons tuted by Dublin III Regula on (EU) No 604/2013 in conjunc on with Implemen ng Regula on No 118/2014 for
the Dublin III Regula on (EU) and EURODAC II Regula on (EU) No 603/2013.

Further informa on

Links

REGULATION (EU) No 604/2013

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