Dublin Decision Received - are you at risk of transfer to another European country?

Dublin decision received - why you must act immediately

Anyone who receives a so-called Dublin decision from the BAMF is often under serious pressure. Many people do not understand why Germany does not want to examine their asylum application in substance. The decision often states that another European country is responsible and that transfer to that country has been ordered.

Typical destination countries include Italy, Croatia, Bulgaria, France, Spain, Austria, Poland, Greece or other European states. The specific country depends on the information available to the BAMF in the individual case: fingerprints, previous asylum applications, visas, entries, stays or other responsibility criteria.

A Dublin decision is particularly dangerous because short deadlines often apply. Anyone who reacts too late risks being transferred before the court has reviewed the case.

"A Dublin decision is not an ordinary BAMF letter. It is not only about paperwork and responsibility, but often about the very concrete question of whether a person will be transferred to another country at short notice."

— Tom Beisel, Attorney at Law (Germany)

Attorney Tom Beisel assists asylum seekers with the review of Dublin decisions, lawsuits, urgent applications, transfer deadlines, family reasons, medical objections and urgent risk of deportation or transfer.

What is a Dublin decision?

A Dublin decision means, in simple terms: the BAMF assumes that Germany is not responsible for the asylum procedure. Instead, another European state is supposed to examine the asylum application or be responsible for the applicant.

The term "Dublin" is still widely used in practice, even though European responsibility rules in asylum law continue to develop. For the person affected, the practical question remains the same: will Germany examine the asylum application, or will the person be transferred to another European country?

Such a decision often states that:

• →the asylum application is rejected as inadmissible
• →another state is responsible
• →transfer to that state is ordered
• →deportation bans do not exist
• →an entry and residence ban may be limited in time
• →information on legal remedies and deadlines is included

These deadlines must be checked immediately.

Why Germany does not want to examine the asylum application

In the Dublin or responsibility procedure, Germany first checks whether another state may be responsible for the asylum procedure. The BAMF can rely on different indications.

Typical reasons include:

• →fingerprints in another European state
• →previous asylum application in another state
• →entry through another European country
• →visa issued by another state
• →residence permit of another state
• →family members in another state
• →previous registration in a reception system
• →Eurodac hit

However, this does not automatically mean that the transfer is lawful. Even if another state may in principle be responsible, there may still be legal objections.

Eurodac hit and fingerprints

A common reason for a Dublin decision is a Eurodac hit. Eurodac is a European system in which fingerprints of asylum seekers and certain other persons are stored.

If someone was first registered in Italy, Croatia, Bulgaria or France, for example, the BAMF may conclude that this state could be responsible.

However, it is important to understand:

• →A fingerprint alone does not explain the whole case.
• →It must be checked when and why the registration took place.
• →It must be checked whether an asylum application was actually filed there.
• →It must be checked whether deadlines have expired.
• →It must be checked whether family or medical reasons speak against transfer.
• →It must be checked whether there are human rights risks in the destination state.

A Eurodac hit is therefore an important indication, but not automatically the end of the legal review.

What does transfer mean?

In Dublin cases, the term usually used is not deportation to the country of origin, but transfer to another European state. In practice, however, it still means that the person is supposed to leave Germany and be taken to another country.

This can be extremely stressful, especially if the person affected:

• →has family in Germany
• →is ill
• →is traumatised
• →had bad experiences in the destination state
• →was homeless there
• →did not receive medical care there
• →experienced violence there
• →has children
• →is pregnant
• →is particularly vulnerable

That is why it is not enough to examine only formal responsibility. The specific situation of the person affected must also be reviewed.

Lawsuit and urgent application against a Dublin decision

A lawsuit and an urgent application may be considered against a Dublin decision. The urgent application is especially important if the transfer must be prevented at short notice.

The lawsuit challenges the BAMF decision. The urgent application is intended to prevent the transfer from being carried out before the court has reviewed the legality of the decision.

It must therefore be checked immediately:

• →When was the decision served?
• →Which deadline is stated in the information on legal remedies?
• →Does the decision contain a transfer or deportation order?
• →To which country is the person supposed to be transferred?
• →Is an urgent application necessary?
• →What objections exist against the transfer?
• →Are there family, health or special protection reasons?
• →Are there problems in the destination state?

The deadline is particularly dangerous

Deadlines in Dublin cases are especially short. Anyone who forwards the decision only after several days or throws away the envelope may lose important time.

After receiving the decision, you should immediately secure:

• →complete BAMF decision
• →all attachments
• →information on legal remedies
• →envelope
• →date of service
• →date of actual receipt
• →previous BAMF letters
• →interview record
• →medical documents
• →proof of family in Germany
• →documents from the other European state

What does a Dublin decision usually contain?

A Dublin decision usually contains several parts. Each part must be checked separately.

Typical elements include:

• →rejection of the asylum application as inadmissible
• →finding that deportation bans do not exist
• →order of transfer to the responsible state
• →reasoning regarding responsibility
• →information on Eurodac, visa or previous asylum application
• →limitation of an entry and residence ban
• →information on legal remedies
• →information on deadlines

It is important not to read only the first page. Decisive deadlines and legal consequences are often found at the end of the decision.

Common destination countries in Dublin procedures

In practice, Dublin decisions often concern countries through which applicants entered the EU or in which they were registered.

Common destination countries include:

• →Italy
• →Croatia
• →Bulgaria
• →Greece
• →France
• →Spain
• →Austria
• →Poland
• →Romania
• →Hungary
• →Netherlands
• →Belgium
• →Sweden

The chances of success depend heavily on the destination country and the individual case. It makes a major difference whether the case concerns a healthy single adult, a family with children, a seriously ill person, a traumatised person or an unaccompanied minor.

Family in Germany

Family members in Germany can play an important role in Dublin proceedings. This applies especially to spouses, minor children, parents of minor children or other close family ties.

It must be checked in particular:

• →Which family members live in Germany?
• →What residence status do they have?
• →Are children affected?
• →Are there dependencies due to illness, care or disability?
• →Is there an actual family life in Germany?
• →Was the family situation fully stated in the procedure?
• →Were the necessary documents submitted?

Family reasons must be properly documented. Mere statements are often not enough.

Important documents may include:

• →birth certificates
• →marriage certificates
• →registration certificates
• →residence permits
• →acknowledgements of paternity
• →custody documents
• →medical documents
• →proof of actual care
• →school or kindergarten certificates

Especially in family cases, a Dublin decision should not be viewed only formally. It must be checked whether the transfer is compatible with family rights.

Illness and Dublin transfer

Medical reasons may speak against transfer if there are special risks in the individual case. This does not apply automatically to every illness. The decisive question is whether the transfer itself or the situation in the destination state creates a serious risk.

Relevant factors may include:

• →serious physical illnesses
• →mental illnesses
• →trauma-related disorders
• →suicide risk
• →pregnancy
• →necessary operations
• →ongoing treatment
• →lack of care in the destination state
• →inability to travel
• →special risks if treatment is interrupted

Current and specific medical documents are important. Short general certificates are often not sufficient.

A strong medical certificate should explain as precisely as possible:

• →exact diagnosis
• →current symptoms
• →need for treatment
• →medication
• →risks if treatment is interrupted
• →ability to travel
• →consequences of transfer
• →necessary stabilisation
• →possible danger in the destination state

Trauma and psychological stress

Many people affected by Dublin procedures have experienced severe events during flight, in their country of origin or in the first European state. This can be important for the legal assessment.

Relevant points may include:

• →violence in the destination state
• →homelessness
• →lack of access to protection
• →lack of medical care
• →police violence
• →pushbacks
• →racist attacks
• →sexual violence
• →human trafficking
• →severe psychological stress
• →suicidal thoughts

These points must be presented concretely and supported by evidence where possible. General statements such as "it was bad there" are usually not enough. What matters is what happened to the specific person and why transfer would be unreasonable in that individual case.

Systemic deficiencies in the destination state

An important objection against a Dublin transfer may be that there are systemic deficiencies in the asylum procedure or reception conditions in the destination state. This is legally demanding and depends strongly on the country, the current situation and the individual group of persons concerned.

Possible issues include:

• →access to the asylum procedure
• →accommodation
• →medical care
• →protection for families
• →treatment of vulnerable persons
• →situation of returnees
• →risk of homelessness
• →detention conditions
• →access to legal remedies
• →risk of inhuman or degrading treatment

Whether such objections have prospects of success must be examined in the individual case. Not every difficult situation in the destination state is automatically sufficient. However, the assessment may be different for vulnerable persons, families, ill persons or particularly burdened persons.

Minors and unaccompanied minors

Special caution is required when minors are affected. This applies even more to unaccompanied minors.

It must be checked:

• →Was the age determined correctly?
• →Are there family members in Germany?
• →Are there caregivers?
• →Were the best interests of the child sufficiently considered?
• →Is there school attendance, medical care or therapeutic support?
• →Would the child be separated from important reference persons?
• →Is the destination state able to ensure protection?

A Dublin decision concerning minors should never remain unchecked. The best interests of the child must be considered seriously and individually.

Pregnancy and families with children

Pregnant women, families with small children or single parents may be particularly vulnerable in Dublin proceedings.

Important points include:

• →week of pregnancy
• →high-risk pregnancy
• →medical care
• →expected date of birth
• →care in the destination state
• →accommodation situation
• →health of the children
• →school or kindergarten connection
• →family support in Germany
• →risk of homelessness in the destination state

Here as well, the more specific the documents are, the better the case can be assessed legally.

What about Italy, Croatia or Bulgaria?

Many Dublin decisions concern states such as Italy, Croatia or Bulgaria. People affected often report poor reception conditions, violence, homelessness or lack of care.

Whether this is legally sufficient depends on the specific case. What matters is not only the country, but also the personal situation:

• →healthy single man
• →family with children
• →pregnant woman
• →seriously ill person
• →traumatised person
• →victim of violence
• →unaccompanied minor
• →person with special protection needs

Courts examine these cases very individually. The statement must therefore be concrete.

Transfer deadline

In Dublin procedures, transfer deadlines apply. If the transfer is not carried out within the relevant deadline, responsibility may under certain circumstances pass to Germany.

It must therefore be checked:

• →When was the take charge or take back request made?
• →When did the other state agree?
• →Was there express consent or expiry of a response period?
• →Was an urgent application filed?
• →Was the deadline interrupted or extended?
• →Was the person reachable?
• →Was absconding assumed?
• →Has the transfer deadline already expired?

The transfer deadline is an important issue, but legally complex. It should not be estimated roughly.

Going into hiding is dangerous

Many people consider going into hiding after a Dublin decision. This is risky and may worsen the situation.

Possible consequences can include:

• →extension of deadlines
• →loss of benefits
• →problems with authorities
• →more difficult legal representation
• →risk of unannounced measures
• →disadvantages for later procedures
• →distrust regarding the applicant's statement

Instead of disappearing in panic, the decision should be reviewed legally as soon as possible. There are often better options than going into hiding without a strategy.

What if the police have already come to the door?

If a transfer attempt has already taken place or the police have been announced, action must be taken especially quickly.

Important steps then include:

• →review the decision immediately
• →note the date of the transfer attempt
• →secure all documents
• →document medical reasons immediately
• →clarify contact with accommodation or immigration authority
• →check whether urgent legal protection is still possible
• →check whether deadlines are still running or have already expired
• →do not make false statements

In such situations, every day may count.

What can be argued against a Dublin decision?

Depending on the case, different objections can be examined.

Possible arguments include:

• →Germany is actually responsible
• →responsibility of the other state was wrongly assumed
• →deadlines were not observed
• →transfer deadline has expired
• →family in Germany was not considered
• →best interests of the child were not examined
• →illness prevents transfer
• →mental illness or suicide risk
• →special vulnerability
• →poor reception conditions in the destination state
• →systemic deficiencies
• →concrete risk of inhuman treatment
• →lack of medical care
• →previous violence or mistreatment in the destination state
• →errors in service or information on legal remedies
• →lack of individual examination

Which arguments are useful depends entirely on the individual case.

Which documents are important?

For legal review of a Dublin decision, the following documents are particularly important:

• →complete BAMF decision
• →envelope
• →BAMF interview record
• →letters concerning responsibility
• →Eurodac information, if available
• →earlier documents from other countries
• →proof of family in Germany
• →registration certificates
• →birth certificates
• →marriage certificates
• →residence permits of family members
• →medical certificates
• →hospital reports
• →psychological reports
• →proof of pregnancy
• →school or kindergarten certificates
• →proof of integration
• →personal written statement about experiences in the destination state

The faster these documents are available, the better it can be decided whether a lawsuit and urgent application are useful.

Typical mistakes after a Dublin decision

After a Dublin decision, avoidable mistakes often occur.

Particularly dangerous mistakes are:

• →leaving the decision unread
• →throwing away the envelope
• →misjudging deadlines
• →filing only a lawsuit although an urgent application is necessary
• →doing nothing because the transfer is "only" to another EU country
• →going into hiding without a strategy
• →claiming illnesses only orally
• →not proving family in Germany
• →describing experiences in the destination state too generally
• →submitting documents too late
• →relying only on statements from other residents
• →treating a Dublin decision like an ordinary asylum rejection

What you should do immediately

If you have received a Dublin decision:

• →photograph or scan the entire decision
• →keep the envelope
• →note the date of service
• →have the deadline checked
• →read the information on legal remedies
• →identify the destination state
• →check whether an urgent application is necessary
• →document family in Germany
• →collect medical documents
• →write down experiences in the destination state
• →do not let any deadline expire
• →seek legal assistance

Especially in Dublin procedures, fast action is often decisive.

FAQ - Dublin decision

What is a Dublin decision?

A Dublin decision means that the BAMF assumes Germany is not responsible for your asylum procedure and that you are supposed to be transferred to another European state.

Do I have to leave Germany immediately?

That depends on the decision, the deadline, the transfer order and possible legal remedies. The decision must be checked immediately.

Can I sue against a Dublin decision?

Yes, a lawsuit can usually be filed against a Dublin decision. In many cases, an urgent application must also be examined.

Is a lawsuit enough?

Not always. In Dublin cases, an urgent application is often necessary to stop the transfer temporarily.

What is an urgent application?

An urgent application is a request to the administrative court intended to prevent the transfer from being carried out before the court has reviewed the case.

What does Eurodac hit mean?

A Eurodac hit means that fingerprints were found in a European database. This may indicate that another state could be responsible.

Can illness prevent transfer?

Yes, in certain cases serious physical or mental illness may speak against transfer. Specific and current medical documents are decisive.

Can family in Germany help?

Family in Germany can be an important objection, especially in cases involving spouses, minor children, parents of minor children or dependency due to illness or care.

What happens if the transfer deadline expires?

If the relevant transfer deadline expires, this may affect responsibility. The calculation is complex and should be reviewed by a lawyer.

Should I go into hiding?

Going into hiding is risky and may worsen the situation. It is better to have the decision reviewed legally immediately and use available legal remedies.

Contact - lawyer for Dublin decision and transfer

Have you received a Dublin decision from the BAMF? Are you supposed to be transferred to Italy, Croatia, Bulgaria, France, Spain or another European country? Are you unsure whether a lawsuit or urgent application is necessary?

Attorney Tom Beisel reviews the decision, the deadline, the transfer order, family reasons, medical objections and the prospects of court proceedings.

• →Mobile: +49 172 8974716
• →Office: 0201 4517 380
• →Email: kanzlei@rechtsanwalt-beisel.de
• →Address: Bredeneyer Str. 2b, 45133 Essen

Asylum law representation in German, English and Russian - clear, personal and nationwide.