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Application for asylum of a dubliner (from a European country): what procedure?

Verified 16 July 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The application for asylum which you wish to submit in France may be submitted by another European State, pursuant to the said Regulation Dublin III.. According to this text, the asylum application is examined by a single European country. To find out which country is concerned, several criteria are applied. If France is not responsible for your request, you will be obliged to visit the country concerned. If this is not possible, you will be allowed to stay in France.

Several criteria laid down in the Regulation Dublin III and prioritized, to determine the country responsible for examining your asylum application.

The country responsible for your application is:

  • the one you entered and were controlled by, or
  • the person who granted you a visa or residence permit.

But there are other criteria, such as the fact that a family member you wish to join resides as a refugee or asylum seeker in another country. The principle of family unity was then applied.

Regulation Dublin III shall apply in European Economic Area (EEA) and Switzerland.

However, a country may accept your application for asylum on humanitarian grounds, even if it does not fall within its jurisdiction.

If you are an unaccompanied minor and have applied for asylum in several countries, the State responsible for your application is the State in which you are currently located, as long as you do not have a family legally residing in Europe.

Please note

under this procedure,Ofpra: titleContent is not consulted.

If you have crossed the border illegally or are in an irregular situation, your fingerprints are recorded and centralized in a European file called Eurodac, unless you are under 14 years of age.

If you have applied for asylum in several European countries, this registration allows you to:

  • to find out in which country you originally applied,
  • and determine the country responsible for your request.

Your fingerprints are taken during your appointment at the single desk responsible for asylum applications (GUDA).

Request

The French authorities send a request for taking or taking back responsibility to the State they consider responsible for your asylum application.

Waiting for response,

  • if you are at the border, you are not allowed to enter France and can be placed in waiting area,
  • if you are already in France, you have the right to remain there only until the end of the procedure for determining the State responsible for your application and, possibly, until your actual transfer to that State. To do this, you will receive a certificate of application for asylum marked Dublin procedure.

This certificate, valid for 1 month and renewable for a period of 4 months, can be withdrawn or not renewed if you do not meet the deadlines or if you refuse to respond to a request from the prefecture.

You can stay in an emergency shelter, but not in an asylum center.

You can also be under house arrest until the country responsible for your request has been found. This measure must be reasoned and taken for a period of 6 months, renewable 1 time.

You are informed, in a language you understand, of the procedure, its deadlines and its consequences.

Response

In case of agreement on the support, the prefecture you notify a written and reasoned decision. This decision informs you that your application for asylum in France will not be examined and that you will be transferred to the responsible European country.

Pending this transfer, if you have not been placed under house arrest, you may be subject to a detention..

You can travel to the country by yourself, with a deadline set, or be escorted to it.

In case of refusal to take charge, you are admitted to stay in France and are authorized to apply for asylum..

If you are refused entry and a transfer decision is made, you can apply to the administrative court within 48 hours of the notification of that decision.

If you are already in France and you are the subject of a transfer decision, you have 15 days from the notification of that decision to apply to the administrative court.

Who shall I contact

The court shall decide within 72 hours of the referral.

The decision to refuse entry for asylum and the decision to transfer may not be enforced before the expiry of a period of 48 hours following their notification or, in the case of referral to the Administrative Court, before the latter has taken a decision.

The judgment of the Administrative Court shall be subject to appeal within 15 days before the Administrative Court of Appeal. This appeal is not suspensive.

If the refusal of entry for asylum and, the transfer decision are annulled, the stay in the waiting area is immediately terminated if you are in this situation.

You are then allowed to enter France on an 8-day regularization visa. Within this period, you will receive, upon request, a certificate of asylum application allowing you to submit your asylum application to theOfpra: titleContent..