Dublin Convention

Information

• With effect from 1 September 2003, the Dublin II Regulation provides the legal basis for establishing the criteria and mechanism for determining the State responsible for examining an asylum application in one of the Member States of the EU (excluding Denmark, but including Iceland and Norway) by a third country national. However, from that date, the Dublin Convention remains in force between Denmark and the other Member States of the EU (including Iceland and Norway).
• The regulation will apply to the following countries: Austria, Belgium, France, Greece, the Federal Republic of Germany, Finland, the Republic of Iceland, Ireland, Italy, the Grand Duchy of Luxembourg, the Netherlands, the Kingdom of the Norway, Portugal, Spain, Sweden and the United Kingdom.

When you make your application for a declaration as a refugee, your case may be examined under the Dublin II Regulation. It is open to you to make WRITTEN representations, in this regard, to the Refugee Applications Commissioner, Dublin II Regulation Unit, located in Dublin. The Commissioner shall take into consideration all relevant matters known to him or her, including any representations made by you or on your behalf when deciding whether your application will be transferred.

Consideration of your application under the Dublin II Regulation

In some cases, applicants may be required to participate in a separate interview relating specifically to the consideration of an application under the Dublin II Regulation. However, more usually, such information will be gathered during the course of the initial interview or as a result of fingerprint evidence.

If at any stage during the course of the investigation of your application, it appears that your application should be dealt with in another Dublin II Regulation State, your application may be dealt with in accordance with the Regulation.

Your case may be one where Ireland requests another Regulation State to take charge of your application. For example, this would include a transfer for family unity purposes or where another State has issued you with a visa or work permit or where you regularly crossed the frontier of another Regulation State prior to applying for asylum in Ireland.

Alternatively, Ireland may request that another Regulation State take back your application because, for example, you have made an asylum claim in another Regulation State and that the claim has not yet been finalised, or you made an asylum claim in another Regulation State and you withdrew your asylum claim in that State or your application for asylum was rejected and you are in Ireland without permission.

A summary of the different time limits to "take charge" and "take back" cases is set out as follows:

"Take charge"

A request to another Dublin II Regulation State to "take charge" of your application, i.e., to accept responsibility for it, must be made within three months from the date of your application. The requested State must give a decision no later than two months from the date on which the request was received.

Where the request to take charge of an application for asylum is not made to the other State by Ireland within the period of three months, responsibility lies with Ireland.

Ireland may ask for an urgent reply from the requested State in cases where you were refused leave to enter or remain in Ireland. Also, Ireland can make an urgent request if you have been arrested for unlawful stay or after the service or execution of a removal order and/or where you are held in detention. The request shall state the reasons warranting the urgent reply and the period within which a reply is expected. This period shall be at least one week.

In cases where Ireland makes an urgent request, the requested State shall make every effort to conform to the time limit requested. If the case is complex the requested State may give a reply after the requested period but no later than one month. However, the requested State must communicate its decision to Ireland to postpone its reply within the original deadline requested by Ireland.

If the requested State fails to act within the two-month period or the one-month period referred to above, this is tantamount to the requested State's acceptance of Ireland's request to take charge of your application.

"Take back"

Where Ireland calls on another Regulation State to"take back" your application for asylum, the Regulation State called upon to take back the application, shall be obliged to make the necessary checks. The Regulation State is also required to reply to the request made by Ireland as quickly as possible and under no circumstances is it to reply more than one month from the date of the request.

Where Ireland's request is based on data obtained from the Eurodac system, the one-month time limit referred to in the previous paragraph is reduced to two weeks.

Where the requested State does not respond to Ireland's request to take back within the one-month period or the two-week period referred to in the preceding paragraphs, the requested State shall be considered to have agreed to take back your application for asylum.

If another Dublin II Regulation State is found to be responsible for examining your application and the State agrees to accept responsibility for the transfer of your application, you will be informed immediately (in writing) that it is proposed to transfer you to that country for consideration of your application.

Family unity

Note that Ireland may also call on and agree with another Regulation State to take charge of your spouse and or your minor dependent children, in addition to your application, even if your spouse or minor dependent children did not make an asylum application in the Regulation State responsible for your asylum application.

The transfer of your asylum claim will be arranged by the Department of Justice and Equality. The transfer will take place as soon as is practicably possible and at the latest within six months of acceptance by the other Dublin II Regulation State.

Where your transfer does not take place within the six-month time limit, responsibility for your asylum claim shall lie with Ireland. However, it should be noted that this time limit can be extended up to a maximum of one year if the transfer cannot be carried out due to your imprisonment or up to a maximum of 18 months if you abscond.

Dublin II Regulation appeal

You will have 15 working days from the date of the Refugee Applications Commissioner's determination to appeal to the Refugee Appeals Tribunal. You will be provided with a notice of appeal for that purpose. The Minister for Justice will be notified of the determination with a view to making arrangements for your transfer to the Dublin II Regulation State concerned. Any appeal submitted by you will not suspend the transfer of your application or your transfer to that country. Upon your arrival in the relevant country you should immediately notify the Refugee Appeals Tribunal of your address for the purpose of corresponding with you in relation to your appeal.

What happens if a Dublin II Regulation appeal is successful?

If the Refugee Appeals Tribunal overturns the determination of the Refugee Applications Commissioner, your application will be returned by the Refugee Appeals Tribunal to the Refugee Applications Commissioner for examination. You will receive a written notification advising you of this. If you have already been transferred to another Dublin II Regulation country, arrangements will be made for your return.

What if my application is to be examined by Denmark?

Although Denmark is not bound by the Dublin II Regulation, the Dublin Convention still applies between Ireland and Denmark. If your case is one which is to be considered by Denmark, your case will be processed in accordance with the Refugee Act, the Dublin Convention and the Dublin Convention (Implementation) Order 2000. Ireland may request that Denmark accept responsibility for your application for a declaration as a refugee and you may then be transferred to that country.

When you make your application for a declaration as a refugee and it becomes apparent that Denmark may be responsible, a notice in writing may be given to you, advising you that your case may be examined under the Dublin Convention. It is open to you to make written representations in this regard to the Refugee Applications Commissioner within five working days of the issue of that notice. If it appears during the course of the Commissioner's investigation that Denmark is responsible for your application, you will be informed in writing that it is proposed to remove you to that country for consideration of your application.

You will have five working days from the date of the Refugee Applications Commissioner's determination to appeal to the Refugee Appeals Tribunal. If you do not appeal or the determination of the Commissioner is upheld by the Tribunal, the Minister for Justice will arrange for your transfer to Denmark.

If the Tribunal overturns the determination of the Commissioner, your application will be returned to the Refugee Applications Commissioner for examination. You will receive a written notification advising you of this.