Asylum Law / Dublin Claim
What is a Dublin Claim?
Article 78, paragraph 2, introductory phrase and under e of the EU Functioning Treaty states that the EU may adopt measures on the criteria and mechanisms for determining the Member State responsible for examining an application for asylum or for subsidiary protection. The EU has laid down these criteria and instruments in regulation 604/2013. This regulation is also known as the Dublin (III) regulation.
What many wonder is how do you break through such a Dublin claim. Many asylum seekers enter with a visa from a Member State other than the country where they are applying for asylum. The Member State that issued the visa is responsible for up to 6 months after the expiry of the visa. Or if an asylum seeker has reported and already has a Dublin claim, the Netherlands can enforce this claim against the asylum seeker for up to 18 months. So until then, the Netherlands will not process its asylum application substantively.
Our office is very experienced with these types of claims and can often prevent them. It is important that the asylum seeker is consulted by a lawyer before he or she registers in Ter Apel. Prevention is better than cure, they say from way back! But we can also contest it when there is a Dublin claim.
Which Member State is responsible?
Article 7(1) of the Dublin Regulation stipulates that the Member State responsible is determined on the basis of the criteria set out in Chapter III. These criteria are listed in hierarchical order. If one of the criteria applies, there is no need to look further for another responsible Member State.
– Member State where a family member, relative, brother or sister of the unaccompanied minor lives
– Member State where a family member enjoys international protection
– Member State where a family member has applied for international protection
– Member State of issue of a valid residence permit or visa
– Member State of illegal border crossing
– Member State whose territory a visa-exempt applicant has entered
– Member State where an application for international protection has been lodged in the international transit area of an airport
– Member State where an application for international protection was first lodged
In addition to the criteria mentioned above, Member States may also be responsible for processing a request on other grounds:
– Member State assuming responsibility on a discretionary basis
– Member State where a child, brother, sister or parent of the applicant lives, on whom the applicant is dependent or vice versa