Dublin procedure
Frequently Asked Questions
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What is a Dublin procedure?
The Dublin procedure is simply a provision that determines which of the 32 European countries is responsible for assessing your asylum application, based on certain conditions. This means that under specific circumstances, you have the option to remain in the country where you are currently located. A common example of this is when you have family members in that specific country.
The purpose of the Dublin procedure is to prevent people from making multiple asylum claims in different countries and to provide clarity about which country is responsible for processing asylum claims. This contributes to a streamlined and efficient asylum procedure in Europe. It is important to understand that the Dublin procedure is designed to ensure justice and that asylum seekers have a fair chance to present their case, while at the same time preventing them from making multiple asylum claims in different countries.
Which countries are part of the Dublin procedure?
The following countries that follow the Dublin procedure are called the "Dublin countries.
- Austria
- Belgium
- Croatia
- Cyprus
- Czech Republic
- Denmark
- Estonia
- France
- Italy
- Ireland
- Iceland
- Hungary
- Lithuania
- Luxembourg
- Romania
- Slovakia
- Norway
- Poland
- Portugal
- Sweden
- Spain
- Switzerland
- United Kingdom
- Latvia
- Liechtenstein
- Netherlands
- Finland
- Germany
- Greece
- Malta
- Slovenia
Conditions of legal travel to Dublin country
To travel legally to another country that is part of the Dublin system, certain conditions must be met. Here are the criteria that apply:
- Minor without a responsible adult: if you are under 18 and not with your mother, father, or other adult responsible for you, you can legally travel to another Dublin country.
- Valid residence document or visa: you have a valid residence document or visa issued by a Dublin country, or if your current residence document has been expired for less than two years.
- Family relationship in another Dublin country: you are an adult and have a spouse, partner, or a child under 18 who is in another Dublin country, you can legally travel to that country.
- Special circumstances: under certain special circumstances, you can legally travel to another Dublin country. This applies to situations where you are pregnant, have a newborn child, are severely disabled, seriously ill, or old, and you have a family member (parent, child, brother, sister) legally residing in another Dublin country.
- Humanitarian reasons: in some cases, you can legally travel to another Dublin country for humanitarian reasons, especially based on family ties or cultural grounds. However, it is required that the country concerned agrees to your request to accept you on these grounds.
The steps in the Dublin process
Submitting the asylum request: first of all, procedure begins when a person submits an asylum request in the Netherlands. This can be done at an application center or at the Immigration and Naturalization Service (IND).
- Initial registration: after submitting the asylum application, the person is registered by the IND. This involves collecting personal information, such as name, date of birth, nationality and travel route. A photograph is also taken and fingerprints are taken.
- IND: the IND checks whether there are indications that another European country is responsible for processing the asylum application.
- Transfer to responsible country: If it appears that another European country is responsible, a readmission request is submitted to that country. The authorities of that country are contacted and a transfer date is agreed upon.
- Readmission or refusal of readmission: the responsible country may accept the request for readmission, in which case the person is transferred to that country for further processing of the asylum application. If the request is refused, the person remains in the Netherlands and the procedure continues there.
- ConsultationDuring the Dublin procedure, regular consultations and information exchanges take place between the countries involved. This is to ensure that responsibility is correctly determined and that the procedure is carried out in accordance with European rules.
What are my rights if the Dublin procedure is rejected?
When the Dublin procedure is rejected, it is important to understand that you still have certain rights and that there are follow-up steps you can take to challenge your situation and defend your right to asylum. Here are some important aspects of your rights after a Dublin procedure rejection:
- Right to information: has the right to be clearly informed of the reasons for the rejection of your Dublin application. This includes the specific arguments and facts that led to the decision.
- Right of appeal: in most cases, you have the right to appeal the decision to dismiss your case. This must be done within a set time frame, so it is essential to seek legal advice quickly.
- Right to stay: in some cases, you may be granted temporary right of residence in the country where your Dublin procedure was rejected. This may happen if there are risks to your safety or well-being in the country of transfer.
Lawyer Dublin procedure
For complicated processes such as the Dublin procedure, it is advisable to seek help from a lawyer.
Der Bedrosian Law Firm has lawyers who specialize in asylum law to assist you. We understand that every situation is unique and analyze your circumstances to provide expert advice. We answer your questions, inform you about your rights, and guide you through the process.
Contact us for free advice and discussion of your case.
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