The Dublin Regulation is a law of the European Union, which regulates what country is responsible for your application for asylum. This publication is meant to describe how the decision is made at the Swedish Migration Agency and how you can argue against a decision according to the Regulation.
First of all, the Dublin Regulation is applicable as soon as a citizen from a country from outside the European Union enters the territory of the member states. In the case of Dublin Regulation, it is also applicable to Norway, Iceland, Switzerland and Lichtenstein (who are not members of the EU). When you apply for asylum in a EU-state you always leave your fingerprints at the Migration Agencies. This way they can see if you have been granted a visa, or a residence permit in a EU-state. If you have been granted a visa or a residence permit, the Migration Agencies will inform you that your case will be processed according to the Dublin Regulation and ask if you have any reasons not to be transferred to that EU-state.
Afterwards the Migration Agencies will send a request to either take charge or take back an applicant to that member state within two months (take back) or three months (take charge) from the date the application of asylum was made. The difference between take back and take charge depends on the status of the applicant. Ex. a take charge request is made when a EU-state has issued a visa to a 3rd country citizen while a take back request is made when the applicant has a pending asylum case in another EU-state. The state that is requested to take charge has two months to reply while a take back request has to be answered within two weeks (if there are fingerprints) or one month (other cases).
the Dublin Regulation is only applicable if certain time frames are followed by the member states of the European Union. If you have been granted a visa, the country that issued the visa is responsible for your asylum case until 6 months from the date the visa expired. However with a residence permit, the country is responsible until 2 years from the day the permit expired. If you have been transferred according to the Dublin Regulation, the country that you are being transferred to, is responsible for your asylum case for up until 18 months from the date the country accepted to take you back or take charge of you. After these time frames are finished, the country you are residing in, is responsible for your asylum case.
The Dublin Regulation however allows for exceptions to be made from the general rule. Also, the Regulation has a lot of time frames that can affect the country responsible for your asylum case. In the next publication, HI Law Firm will explain what most of the exceptions are and what time frames are to be considered according to the Dublin Regulation.
Med Vänliga Hälsningar,
H I Juristbyrå
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Author: Ali Ghorbani