Can my application for asylum be examined in another European country?

The Dublin III Regulation determines which European State is responsible for examining your application.

The States which are a party to the “Dublin III” Regulation are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxemburg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom (herein after referred to as the “Dublin III” States).

There are a number of rules laid down in the Dublin III Regulation. The examples below are not exhaustive. It is important to approach a legal counsellor for further information. The Dublin III Regulation can be found here.

A few Dublin “rules”:

If you are below the age of 18 and a member of your family (parent, brother/sister, uncle/aunt, grandfather/grandmother) remains legally in a “Dublin III” member state, this country is responsible for the examination of your application. If you are below the age of 18 and no members of your family remain legally in any of the “Dublin III” States, your application will be examined by Austria.

If you are an adult and your spouse or minor children are resident in one of the “Dublin III” States as beneficiaries of international protection or as asylum-seekers, if you so wish, the State where they are resident will undertake responsibility for examining your application.

If, before entering Austria, you entered another “Dublin III” State without permission, this State is responsible for the examination of your application. This responsibility expires 12 months after the irregular entry.

If another “Dublin III” State is responsible for the examination of your application and accepts to examine it, then you will be transferred to the other “Dublin III” State, at the latest within six months from the date this State accepted to examine your application.

You have the right to appeal against this decision before the Federal Administrative Court, within the deadline mentioned in the decision which you will receive.

For more information on the Dublin III Regulation please see here.