3. Dublin System – A view from the Courts Flashcards
What is the Dublin System about?
The Dublin Regulation (Regulation No. 604/2013 determines which EU Member State is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the EU Qualification Directive, within the European Union and provides for the transfer of an asylum seeker to that Member State.
What’s the EURODAC system?
It’s the database with the fingerprints of the asylum seekers.
Who is in the EURODAC system?
Every person over 14 years old who falls into one of the following three categories no later than 72 hours after the lodging of his or her application for international protection:
- applicants for international protection (Art. 9);
- third country nationals or stateless persons crossing the external border irregularly (Art. 14);
- third country nationals or stateless persons found illegally staying in a Member State (Art. 17).
What happens in the Dublin System for unaccompanied children?
For unaccompanied minors, the Member State responsible shall be:
- that where a family member or a sibling of the unaccompanied minor is legally present, provided - - that it is in the best interests of the minor.
decided on the basis of what is in the best interests of the unaccompanied minor, where family members, siblings or relatives stay in more than one Member State.
- that where the unaccompanied minor has lodged his or her application for international protection, provided that it is in the best interests of the minor, in the absence of a family member, a sibling or a relative.
What’s the sovereignty clause?
An EU member state even where it is not responsible under the Dublin Regulation criteria, may nevertheless decide to examine an application.
What is AIDA?
The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detention and content of international protection across 23 countries.
What appens if the rejection of the application for asylum is final?
Then the applicant needs to go back to the country of origin. They cannot apply to another european country.
