Are you in the Dublin procedure and have you been subject to a decision to transfer to the country responsible for your asylum application?
What is a decision to transfer an asylum seeker under the Dublin procedure?
When the country responsible for an asylum application is different from the one where the foreigner files the application, the asylum seeker will be subject to the Dublin procedure. Thus, if the country responsible for the asylum application agrees (explicitly or implicitly) to the transfer of the asylum seeker, a decision to transfer will be issued against that person.
What are the criteria for determining the country responsible for the asylum application?
When filing an asylum application, the recipient country of the application verifies, during an interview with the asylum seeker, a number of criteria to determine the country responsible for the asylum application. In particular, it verifies:
- If the applicant has already filed an asylum application in another European country (in process or not)
- If the asylum seeker has family members already under international protection or awaiting a request in process in Europe?
- If the applicant has a visa or a valid residence permit in another European Union country?
- If the applicant has illegally crossed the border of another EU member state
- If the applicant has previously resided in another EU member state?
- If the asylum seeker transited through another EU country to arrive in the recipient country?
- If the asylum seeker has already suffered inhuman treatment or is at risk of suffering in another EU member state responsible for their request?
It should be noted that the determination criteria applicable to an asylum seeker to determine the responsible member state may vary depending on the particular case of the applicant. In the event of exceptional circumstances related to an asylum application file, the recipient country of the application may recognize itself as responsible for the asylum application.
What are the avenues for appeal against a transfer decision?
A transfer decision can be challenged before the competent administrative court.
It is important to note that an appeal against a transfer decision suspends the transfer deadline (depending on the case, 6, 12 or 18 months). Thus, to avoid extending the transfer deadline, it is advisable to avoid an appeal when the challenge is not well-founded and the applicant does not have sufficient evidence to win.
What are the grounds for appeal against a transfer decision?
An appeal against a transfer decision may be based on one or more of the following grounds:
- Non-compliance with the current legal procedures (right to information, fair hearing, etc.)
- Non-respect of fundamental rights
- Mistake of fact or law