Dublin II

You cannot choose the country in which you wish to apply for asylum.

According to the Dublin regulation, you can only apply for refugee status in one member state. Usually, this is the first member state which you reach. In practice this normally means that any subsequent country where you apply will return you to the appropriate state.

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Deportations to Greece are stopped in most countries of the EU

In January 2011 the European Court of Human Rights (ECHR) decided in an individual case that Greece was violating the human rights of a refugee by detaining him under inhuman conditions and leaving him homeless. It also judged that Belgium violated his human rights by deporting him back to Greece (see: http://w2eu.net/2011/01/22/front-kick-dublin-2/).

Following that decision deportations to Greece were temporarily halted in most EU-countries, because hundreds of other “Greek” cases were expected to be judged in the same way. This decision indiscriminately concerns both: persons who have been fingerprinted and have a “white paper” (chartia) for 30 days and also asylum seekers (holders of pink cards) in Greece.

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Deportations to Greece to be stopped in more and more countries after the European Court of Human Rights decided against a deportation

The European Court of Human Rights decided in one single case on Friday, 21st of January 2011, that Greece is violating the human rights of a refugee by detaining him under inhuman conditions and leaving him homeless. It also judged that Belgium violated human rights by deporting him there (see: http://w2eu.net/2011/01/22/front-kick-dublin-2/).

This means:

  • Hundreds of other “Greek” cases waiting for a decision in front of ECHR are expected to be judged in the same way.
  • All countries that already decided to suspend deportations to Greece because of the pending decisions in front of the ECHR, will have to decide if they will examine the asylum cases of the people threatened by deportation to Greece themselves soon.
  • European countries that did not already stop deportations to Greece will have to decide about it soon.
  • This decision will concern people who have been fingerprinted and pink card holders without difference.

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Dublin II with particular focus on Greece

Most refugees don't want to stay in the country where they entered the European Union, for example Greece. If you have an idea about your final destination, some of the following information might be useful for you:
If you have been registered in Greece or any other european country, your fingerprints were taken, either digitally or on paper. The images are usually stored in the European wide "Eurodac" database. As soon as you will claim asylum in any other country of the European Union, the authorities may find out quickly that you have been registered in another country before.

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Dublin II leaflets:

Updated Dublin2-leaflet (May 2012) now available for PDF-download!

We can provide Arabic, English and Farsi versions, please check back for other language versions soon. Can you help translate? Get in touch with us!

Austria > Dublin III

If you apply for asylum the first thing that will be checked is whether you have been to any other country of the European Union before. If this is the case – either because you have left your fingerprints somewhere or they find evidence by what you say or carry with you (coins, train tickets, etc.) your application or asylum will not be treated in Austria but they will try to deport you back to this country.

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Belgium > Dublin II

Belgium stopped deportations to Greece temporary on 10th of October. This decision follows a letter from the ECtHR warning that the Court would systematically suspend any attempt to transfer to Greece. Transfers are so suspended until the judgment of the Court in the MSS case.In the meantime, the asylum claims will be handled in Belgium.These files receive a priority so that the ones who are not refugees are sent back home quickly (same reasoning as in Norway...)

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Bulgaria > Dublin III

If you have given your fingerprints to authorities in Bulgaria and you don’t stay there but continue your journey, you might get threatened to be deported back to Bulgaria. This is based on the so-called Dublin-regulation. The good news is: in many cases the people, who had to give their fingerprints in Bulgaria will not be deported back in the end.  Here you will find some useful information, which way a deportation to Bulgaria can be avoided.

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Denmark > Dublin III

The Danish Immigration Service is responsible for handling your Dublin case.  You can appeal Dublin decisions before you are transferred. You have 7 days to appeal the decision after it has been made. For your appeal you have access to free legal aid by 'Dansk Flygtningehjælp' (Danish Refugee Council). The appeal will be handled by The Refugee Appeals Board (Flygtningenævnet).

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Finland > Dublin III

The Finnish Immigration Service (Migri) examines whether the applicant: has submitted an application in another country following the Dublin II regulation (EU-countries, Norway, Iceland and Switzerland); has a family member with  refugee status in said countries; has a visa or a residency permit granted by one of said countries; or has entered Finland illegally via one of the said countries. In case one of these conditions of Dublin regulation is fulfilled, another state is responsible for examining the application and Migri can return the applicant to the state responsible. At this moment Finland doesn’t return people to Greece.

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France > Dublin II

Booklets on DublinII in France in different languages (English, Farsi, French, Arabic, Somali and Russian) can be downloaded. 

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Germany > Dublin III

In early 2016 the German Ministry of the Interior informed about prolonging the temporary stop of Dublin-deportations to Greece for another 6 months. This means since 2011 at least until June 2016 there will be no "Dublin"-deportations from Germany to Greece. It is unclear until now, what will happen after June 2016 up to now. There is no deportation stop to any other countries then Greece. But "Dublin"-deportations (also to Italy, Hungary, Bulgaria, Malta e.g.) are more and more contested.

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Greece > Dublin III

Greece used to be a major receiving member state under the Dublin II Regulation, due to its geographical position. However, following the decision of the ECtHR in the case of MSS v. Belgium and Greece, the majority of Member and Associate States under the Dublin II Regulation have suspended the transfer of asylum seekers to Greece.

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Hungary > Dublin II

Hungary has not stopped all deportations to Greece, but if somebody explicitly says, that she/he does not want to be deported back to Greece, the Immigration Office suspends their asylum procedure for some weeks, and in the end they do not send the person back to Greece. So express clearly that you don’t want to go back to Greece.

And there is another problem: Many people try to continue their journey after having been fingerprinted in Hungary. If you have fingerprints in Hungary and continue to another country you can be sent back to Hungary...

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Italy > Dublin III

You will find here informations for asylum-seekers about:
  • Going to another country in the European Union
  • Travelling to another European country after obtaining the residence permit in Italy
  • In case you arrived from another European country (so-called Dublinato)
  • Possible news in Italy and Europe from end of 2015 (hotspots, relocation, forced returns and bilateral agreements)
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Ireland > Dublin II

When asylum seekers arrive in Ireland, they can apply for legal aid in the form of the Refugee Legal Service.  This is subsidized and nominal to the applicant and is subject to a means test.  The Refugee Legal Service, as well as private practitioners, have challenged Dublin II transfers to Greece in the High Court in the form of Judicial Reviews in recent months.  We are still awaiting the decisions of these cases.  In some cases, legal representation have been successful in securing injunctions until a decision is reached on the Judicial Review.

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Macedonia > Dublin III

Macedonia is not part of the Dublin III Convention (follow-up of Dublin II, since January 15th 2014) agreement. This means that you can ask for asylum or have your fingerprints taken in Macedonia without having problems while asking for  asylum in another Dublin country afterwards. But we have signed a readmission agreement with Serbia – which means that Serbia can return the asylum seekers to Macedonia.

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Netherlands > Dublin II

Early October 2010 the Dutch minister of Justice announced that the Netherlands would definitely not send asylum seekers back to Greece. Beginning of February 2011 the minister for Immigration and Asylum decided that “Greek Dublin-II cases” will be dealt with in the Netherlands.

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Norway > Dublin II

14/10/2010: The Immigration Appeals Board (UNE) has stopped deportations to Greece until further notice. “The Immigration Appeals Board has decided to honour the request of the European Court of Human Rights (ECtHR) to stop forced returns to Greece”, says UNE-director Terje Sjeggestad. All asylum-seekers who have had their applications denied in accordance with the Dublin Regulation, but remain in the country, will be allowed to stay.

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Serbia > Dublin III

Serbia is not part of the Dublin III (follow-up of Dublin II, since January 15th 2014) agreement. This means that you can ask for asylum or have your fingerprints taken in Serbia without problems to ask asylum in another European country after.

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Sweden > Dublin III

A ruling by the Migration Court of Appeal (MCA) stopped all forced returns of asylum-seekers from Sweden to Greece under the Dublin regulations. All the cases concerning Dublin to Greece get their asylum process in Sweden. All the cases are not yet in process but on the way to be processed.

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Switzerland > Dublin III

Swiss suspends asylum returns to Hungary. The Federal Administrative Court has suspended the deportations of asylum seekers to Hungary until the State Secretariat will have concluded a research on their living and asylum conditions there.

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UK > Dublin II

The UK Border Agency suspended returns of asylum seekers to Greece under the Dublin II Regulation in the end of September 2010. With immediate effect the backlog of approximately 1300 cases and all new cases will have their applications heard in the UK, and not be deported to Greece. This is a great relief to all those facing return to the “broken asylum system” of Greece.

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