You want to come to France in order to apply for asylum, and you know that you will have to cros another European country
OR You filed an asylum application and the prefecture gave you an “Attestation de demande d’asile Procédure Dublin”, and you want to know that it means :
This section tries to explain what is the Dublin Regulation, and what steps you will go through.
The “Dublin” regulation states that only one European country can examine your asylum application, but the European Union does not allow you to choose which country this will be.
The State with responsibility for your asylum application will be:
1. The European country in which you have already made an asylum application. Otherwise:
2. The country where any “members of your family” who are beneficiaries of protection / asylum seekers reside. Otherwise:
3. The country which issued you with either a visa or a residence permit. Otherwise:
4. The country which took your fingerprints after your entered Europe.
In France, when your asylum application is recorded, the prefecture may deem that another European State has taken responsibility for your application – e.g. by taking your fingerprints – but also on the basis of any documents you may have presented, such as a passport with a visa, a travel ticket from another State, etc.
In this case, the prefecture will give you a “Dublin procedure” attestation of asylum application which means that you will be unable to make your application upon the basis of a fear of persecution in your own country.
The Dublin procedure takes place in a number of stages involving the prefecture:
1. The prefecture records your asylum application and identifies the State with responsibility;
a. France asks the State with responsibility if it may send you back there (time limit: 3 months)
b. The State with responsibility agrees to this (time limit: 2 months).
2. The prefecture gives you a ruling stating that you will be transferred to the State with responsibility and may:
c. Ask you to travel to the country with responsibility yourself, giving you a “laissez-passer” allowing you to do so.
d. Organise your transfer: the prefecture gives you summonses to appear at the prefecture or police station and then issues you with a summons to go to the airport.
e. Arrest you and attempt to deport you by placing you in a detention centre.
3. If you have not been transferred to the European country in question six months after the acceptance by the State with responsibility, the Dublin procedure is over and you may apply for asylum in France.
PLEASE NOTE: The six-month transfer time limit may be extended to eighteen months if you fail to respond to summonses and are classified as “on the run”. In these circumstances, you also lose eligibility for certain social entitlements (ADA – the asylum seekers’ allowance – and accommodation for asylum seekers).
You may apply to the court to have the transfer ruling overturned. The appeal must be made within either 48 hours or 15 days from the date of the transfer ruling, depending upon the circumstances.
Nevertheless, an appeal should only be made in certain circumstances, according to the following:
– Adherence to the prefecture’s procedure;
– The country with responsibility for the asylum application;
– The prefecture with responsibility for your application;
– The date on which the six-month time limit expires;
– Your own circumstances with regard to the criteria for determining which country has responsibility (family, health, etc.)
PLEASE NOTE: if the court’s ruling confirms that you are to be transferred to another European country, the sixmonth transfer time limit restarts from the date of the judge’s ruling. This may thus put your entitlement to apply for asylum in France back by several months.
What should you actually do when you are subject to the Dublin procedure?
Please feel free to approach an association providing support for foreign nationals if:
– you have received a summons to appear at either the prefecture or the OFII for the purposes of the Dublin procedure;
– you have just received the transfer order;
– you have received a house arrest ruling
– if you have received any information about the Dublin procedure which you have not been able to understand As far as they are able to do so, and if your circumstances so require, they will be able to provide you with detailed information and support you through the procedure.
Throughout the Dublin procedure – and until you are actually transferred – you are eligible for a number of social entitlements:
1/ The ADA: the asylum seekers’ allowance paid by the OFII;
2/ Accommodation: a place at an accommodation centre or a hotel;
3/ The CMU: universal healthcare cover for the purposes of reimbursing the cost of any healthcare you may receive;
4/ Domiciliation: so that you can receive post
The prefecture must also issue you with a Dublin procedure asylum seeker’s attestation.