BAMF - Bundesamt für Migration und Flüchtlinge - Examining the Dublin procedure

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Examining the Dublin procedure

The Dublin procedure is a procedure for determining the Member State responsible prior to the actual examination of the asylum application. It is used to establish which European country is responsible for examining an asylum application. The purpose of the "Dublin Regulation" is for the content of each asylum application which is lodged in the Dublin area to only be examined on the merits by one state. This area includes the Member States of the European Union, Norway, Iceland, Switzerland and Liechtenstein. If protection has already been granted under the law on asylum in one Dublin state, no further examination of the asylum application is possible in Germany.

If a Member State establishes that asylum proceedings are to be processed or completed in another Member State, it files a "transfer request" with the State in question. If the latter consents to the transfer, the Federal Office issues a notice ordering it. It also informs the person concerned and asks them whether there may be any reasons against the transfer.

The person concerned can file a court action against this decision, and can put forward an emergency motion. It is not permissible for them to be transferred to the Member State until the ruling has been handed down in the emergency court proceedings.

If the transfer is not carried out within six months, responsibility for the proceedings is transferred to the Member State which has requested the transfer. If the individual is in detention, the transfer period may be extended to a maximum of one year. It can be extended to 18 months at most if the person concerned is not traceable.

Hervorhebung_Gesetzgebung: Background information

The Dublin Regulation is implemented in the Federal Office by

  • Group DU "Dublin procedure"
  • Division 231 "Policy on European responsibility (Dublin) and national distribution (EASY)"
  • as well as the branch offices of the Federal Office.

The Federal Office only coordinates the transfer within this process. It is the immigration authorities and the Federal Police which are responsible for implementation.

Hervorhebung_Gesetzgebung: The legal basis

The third version of the Dublin Regulation has been in force since 1 January 2014. It constitutes a further development on the Dublin Convention from 1997.

The "Council Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national" (Regulation (EC) No 343/2003 - Dublin Regulation) was substituted by the new Dublin III Regulation (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013) with effect from 1 January 2014. Member States in which this Regulation constitutes directly-applicable law are all the Member States of the EU, as well as Norway, Iceland, Switzerland and Liechtenstein.

Date 1 October 2016

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