Important information regarding Dublin proceedings
Important information regarding Dublin proceedings
An asylum application has been lodged in Austria, but fingerprints have been found in Sweden? What' next? Can you still get asylum here in Austria?
What if the husband and children already have asylum in Austria and the wife comes to Austria, but has already applied for asylum in Hungary before entering Austria. Can she now acquire asylum in Austria?
What if you enter Austria with a Czech visa and have never been to the Czech Republic before? Can you still be deported to the Czech Republic?
Some asylum seekers are concerned with these questions, especially those whose family members have come to Austria via detours. Dublin proceedings are often associated with great uncertainty and perplexity, which is why clarification by a lawyer is required.
What exactly are Dublin proceedings?
Dublin proceedings are asylum proceedings, where an asylum seeker already lodged an asylum application or receveid a visa from another European Union state, prior to erntering Austria.
The Dublin proceeding now determines which EU state is responsible for reviewing the asylum application.
If someone lodges an asylum application in Austria and his fingerprints appear in the EURODAC databank a Dublin proceeding is triggered. After an inquiry to the responsible EU state has been made, an interview takes place, after which a decision is issued.
How is a proceeding conducted?
If someone lodges an asylum application in Austria and his fingerprints appear in the EURODAC databank, a Dublin proceeding is triggered.
In this case the Federal Asylum Office (FAO) sends an inquiry to the responsible EU state, within three weeks after the the asylum application was made. This is referred to as a consultation proceeding. If the responsible EU state consents to the transfer of the asylum seeker, an interview is conducted, where the FAO informs the asylum seeker about the case facts and give him an opportunity to give a statement.
The FAO has to consider personal, or family backgrounds, or also health problems.
Should the FAO finds grounds why Austria is responsible, then the proceeding has to be granted and a white card issued to the asylum seeker.
When there are no grounds for the admission of the asylum proceedings, then the FAO issues a decision with an expulsion order.
The asylum seeker can lodge an appeal against the decision to the Federal Asylum Court .
The authority issued a negative decision. What can I do?
After the decision has been issued, you have two weeks to file a complaint.
The complaint has no suspensive effect.
This means that the FAO can still transfer the asylum seeker to the responsible EU country. In certain cases, the FAC must grant suspensive effect within one week of receiving the complaint. This means that the asylum seeker must not be deported until the end of this period.
The authority must transfer the asylum seeker to the responsible EU country within 6 months.
Which deadlines concerning deportation/transfer to the responsible EU state exist in Dublin proceedings?
The authority must transfer the asylum seeker to the responsible EU country within 6 months.
If the asylum seeker is in prison, the deadline can be extended to one year. If the asylum seeker is at large, then the deadline can be extended for 18 months.
The FAO coordinates and organizes the transfer, which the police then carry out.
If the authority does not carry out the transfer within the specified period, a new asylum application can be made
It has been 6 or 18 months since the consent of transfer of the responsible EU state. What should I do now?
If the authority does not carry out the transfer within the specified period, a new asylum application can be made. Austria is now responsible for the proceeding and the asylum authority will decide on the content of the asylum application.
However, before you make a new asylum application, seek out a lawyer, who will contact the asylum authorities, who can confirm that the deadlines have expired.
My wife/husband has received asylum in another EU state. Can she/he, nevertheless, obtain asylum in Austria?
If she or he has already been granted asylum or subsidiary protection by another EU country, Austria cannot grant asylum or subsidiary protection again. Your wife / husband must then come to Austria via family reunification. Please refer more info
If an asylum application has been lodged in another EU state and no decision has yet been made, an asylum application can be submitted in Austria.
Our recommendation: Schedule a consultation
What are my next steps?
1. Contact a lawyer and schedule an appointment.
2. Receive counsel and clarify the status of your proceeding.
a. If a negative decision has already been issued:
i. Hire the lawyer to lodge an appeal.
b. If a decision has not been issued.
i. Hire the lawyer to contact the Federal Asylum Office.
c. If you have questions regarding deadlines:
i. Hire the lawyer to contact the Federal Asylum Office.
Schedule an appointment
In short, a lawyer can also assist you in Dublin proceedings, so that you are well-informed in any stage of the proceeding. and can take the next steps together
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
Dublin, Dublin regulation, family, negative decision, decision, deadline, deportation, transfer, family reunification, Federal Asylum Office, BFA, Federal Asylum Court, BVWG, health, health reasons, responsibility, review, check, EU state, member state, responsible