What is an asylum application in the Dublin procedure?
Verified 23 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An asylum application that you wish to lodge in France may be filed in another European country, in application of the so-called Dublin III. According to this text, the asylum application is examined by a single European country. Several criteria are used to determine which country is concerned. If France is not responsible for your request, you will be obliged to travel to the country concerned. Here's the information you need to know.
The situation is different if you are an unaccompanied minor or not.
General case
Several criteria laid down by the Regulation Dublin III, determine the country responsible for examining your asylum application.
The country responsible for your request is
- either the one you entered and were controlled by,
- or the person who granted you a visa or residence permit.
But there are other criteria, including whether a family member you want to join resides as a refugee or asylum seeker in another country. The principle of family unity is then applied.
The Regulation Dublin III shall apply in European Economic Area (EEA) countries and Switzerland.
However, a country may accept your asylum application for humanitarian reasons even if it does not fall within its jurisdiction.
Unaccompanied minor
If you are an unaccompanied minor, the state responsible for your application is the one in which you are located. This principle is valid even if you have applied for asylum in several countries. You must not have a family legally residing in Europe.
Please note
In the context of this procedure, theOfpraOfpra : French Office for the Protection of Refugees and Stateless Persons is not consulted.
If you have applied for asylum in several European countries, your fingerprints are taken. It will tell you in which country you may have already applied and which country is responsible for your application.
Your fingerprints are taken during your appointment at the one-stop asylum office (GUDA) or at the time of your asylum application at the border.
The French authorities send a request to take charge or take back to the State that they consider responsible for your asylum application.
While awaiting the answer, 2 situations are possible:
- If you are at the border, you are not allowed to enter France and can be placed in a waiting area.
- If you are already in France, you have the right to stay there temporarily. However, this right is valid only until the end of the procedure for determining the State responsible for your request and, possibly, until your actual transfer to that State. For this, you receive a certificate of asylum application bearing the mention Dublin procedure.
This certificate is valid for 1 month. It shall be renewable for four-month periods. It can be withdrawn (or not renewed) if you refuse to respond to a request from the prefecture or to go to a control.
You have the right to material reception conditions asylum seekers.
You can also be under house arrest for the time necessary for the procedure for determining the State responsible for your application.
You shall be informed, in a language you understand, of the procedure, its time limits and its consequences.
In case of agreement on the care, the prefecture will notify a written decision to transfer.
This decision informs you that your asylum application in France will not be reviewed and that you're going to be transferred to the responsible European country. That decision explains to you the reasons why this transfer was decided.
Pending this transfer, if you have ever been under house arrest, this assignment can be extended. You can also detention.
You can travel to the country by yourself, with a deadline set for you. You can also be transferred there under escort.
In case of refusal of the care, you are admitted to stay in France and are authorized to to lodge an application for asylum with theOfpraOfpra : French Office for the Protection of Refugees and Stateless Persons.
The appeal procedure is different if you are in a waiting area at the border or if you are already present on French territory.
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Transfer decision at the border
If you are subject to a refusal of entry and a transfer decision, you can to bring proceedings before the administrative court in the 48 hours following the notification of this decision.
The court must make its decision in a 96-hour period from the end of the period for bringing an action.
Transfer decision on the territory
If you are already in France and you are subject to a transfer decision, you have 7 days from the notification of that decision to to bring proceedings before the administrative court.
The court must take its decision within 15 days of the appeal.
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Transfer decision at the border
If you are subject to a refusal of entry and a transfer decision, you can to bring proceedings before the administrative court in the 48 hours following the notification of this decision.
The court must make its decision in a 96-hour period from the end of the period for bringing an action.
Transfer decision on the territory
If you are already in France and you are subject to a transfer decision, you have 7 days from the notification of that decision to to bring proceedings before the administrative court.
The court must take its decision within 15 days of the appeal.
If you have appealed to the administrative court, the transfer decision cannot be applied before the court's decision.
You can appeal the administrative court's decision within 15 days before the Administrative Court of Appeal. This call isn't suspensive.
Refusal of entry for asylum
Procedure for determining the State responsible for examining the application for asylum
Proceedings before an Administrative Judge (Legislative part of CESEDA)
Validity of the asylum application certificate