Examining the Dublin procedure , Date: 2018.11.28, format: Article, area: Asylum and refugee protection

The Dublin procedure is used to determine the responsibility for carrying out the asylum procedure in an EU Member State. The Dublin III Regulation (see Legal basis below) lays down criteria and procedures to be applied when determining the Member State responsible for examining an application for international protection. 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 application which is lodged in the territory of the Member States to be examined under the substantive law of one state only. This is intended to manage or limit secondary migration within Europe.

The steps in the Dublin procedure in the Federal Office

After the application has been submitted 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 Regulation, the content of which is used by the Federal Office to determine the competent Member State and to examine impediments to deportation 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 indications that another Member State is responsible, the file to initiate the Dublin procedure is forwarded to the Dublin Centre of the Federal Office which holds responsibility there.

If the examination carried out by the Dublin Centre reveals that another Member State could be responsible for processing the asylum application, 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 application is inadmissible and orders deportation to the responsible Member State.

The individual in question may bring an action against this decision and apply to the administrative court that has jurisdiction to order suspensive effect in accordance with section 80 subsection (5) of the Code of Administrative Court Procedure (VwGO). Transfer to the Member State is not permissible before a judicial ruling has been handed down on the application 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 question is in custody, the transfer period is 12 months. If the individual in question is a fugitive, the transfer period is 18 months. If a request is made for suspensive effect to be ordered, the transfer period is interrupted until a decision is taken on that request.

The actual enforcement of the transfer is the responsibility of the immigration authorities and the Federal Police.

This means that the planning of the transfer date is also the responsibility of the immigration authority. The law enforcement authorities are in attendance on the day of the transfer, and can react to any impediments to deportation. To this end, the Federal Länder check the ability of the individual in question to travel on the day of the transfer. The Federal Office merely coordinates the transfer between the competent Member State and the law enforcement authorities.

If the transfer is not carried out within the relevant transfer period, responsibility for the examination of the asylum application is transferred to Germany.

A Dublin procedure is also applied to third-country nationals residing in the Federal Republic of Germany without authorisation who have previously lodged an application for international protection in another Member State.

The Dublin III Regulation does not apply if international protection has already been granted in a Member State. Another asylum application in Germany is inadmissible, and deportation takes place to the Member State which granted protection.