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Country responsible for asylum application (Dublin)

Every single asylum application lodged within EU territory needs to be examined - each EU country must be able to determine if and when it is responsible for handling an asylum claim.

What is the Dublin Regulation?

The Dublin Regulation establishes the Member State responsible for the examination of the asylum application. The criteria for establishing responsibility run, in hierarchical order, from family considerations, to recent possession of visa or residence permit in a Member State, to whether the applicant has entered EU irregularly, or regularly.

Experience of the previous system has however shown the need to better address situations of particular pressure on Member States' reception capacities and asylum systems.

Key achievements

The new Dublin contains sound procedures for the protection of asylum applicants and improves the system’s efficiency through:

  • An early warning, preparedness and crisis management mechanism, geared to addressing the root dysfunctional causes of national asylum systems or problems stemming from particular pressures.
  • A series of provisions on protection of applicants, such as compulsory personal interview, guarantees for minors (including a detailed description of the factors that should lay at the basis of assessing a child's best interests) and extended possibilities of reunifying them with relatives.
  • The possibility for appeals to suspend the execution of the transfer for the period when the appeal is judged, together with the guarantee of the right for a person to remain on the territory pending the decision of a court on the suspension of the transfer pending the appeal.
  • An obligation to ensure legal assistance free of charge upon request.
  • A single ground for detention in case of risk of absconding; strict limitation of the duration of detention.
  • The possibility for asylum seekers that could in some cases be considered irregular migrants and returned under the Return Directive, to be treated under the Dublin procedure - thus giving these persons more protection than the Return Directive.
  • An obligation to guarantee right to appeal against transfer decision.
  • More legal clarity of procedures between Member States - e.g. exhaustive and clearer deadlines. The entire Dublin procedure cannot last longer than 11 months to take charge of a person, or 9 months to take him/her back (except for absconding or where the person is imprisoned).

Evaluation of Dublin III Regulation

In June 2015 the Commission committed studies on the external evaluation on the implementation of the Dublin III Regulation and an evaluation report in view of the reform of the Dublin system as foreseen in the European Agenda on Migration:

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Related legislation
and documents

Glossary

Article 33

“Article 33 mechanism” or “a mechanism for early warning, preparedness and management of asylum crises” – a process set-up by the Dublin Regulation ...

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Refugee

A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political ...

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Protection

A concept that encompasses all activities aimed at obtaining full respect for the rights of the individual in ...

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Mass influx of displaced persons

Arrival in the EU of a large number of displaced persons, who come from a specific country or geographical area...

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Legal entry

Entry of a non-EU national into a Schengen State, for a stay not exceeding three months per a six-month period,...

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Irregular stay

The presence on the territory of a Schengen State of a non-EU national who does not fulfil, or no longer fulfils, the ...

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Irregular entry

Crossing borders without complying with the necessary requirements for legal entry into the receiving State....

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Family member

Persons married to migrant workers or having with them a relationship that, according to applicable law, produces ...

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Examination of an asylum application

Any examination of, or decision or ruling concerning, an application for asylum by the competent authorities ...

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Entry

Any entrance of a person from one country to another, whether voluntary or involuntary, authorised or unauthorised.

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Dublin Regulation

Lays down the criteria and mechanisms for determining the EU State responsible for examining an application for...

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Database

A logical collection of information that is interrelated and that is managed and stored as a unit, for example in the ...

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Common European Asylum System (CEAS)

The establishment of a common asylum procedure and a uniform status for those who are granted asylum or ...

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Biometric

A measurable unique, physical characteristic or personal behavioural trait used to recognize the identity, or verify ...

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Asylum application

An application made by a non-EU national or a stateless person that can be understood as a request for international protection from an EU State, under the Geneva Convention. Any application for international protection is presumed to be an application for asylum unless a non-EU national or a stateless person explicitly requests another kind of protection that can be applied for separately.

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Asylum applicant

A non-EU national or a stateless person who has made an application for asylum in respect of which a final decision has not yet been taken.

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Asylum

A form of protection given by a State, on its territory, based on the principle of non-refoulement and internationally ...

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