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Source: De Europese vlag
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The Dublin Procedure

Last updated: 07/11/2024, 15:25

The Immigration and Naturalisation Service (IND) may decide that another European country should process your asylum application. You will then enter the Dublin procedure. Read more here about how the Dublin procedure works.

Police investigate whether your asylum application should be processed in another European country

During your registration in Ter Apel, the police ask questions about your identity and your family members. The police also check whether your fingerprints are in

EURODAC or EU-VIS
. If they are, this means you have previously applied for asylum in another European country.

If you have previously applied for asylum in another European country, this country must process your asylum application. European countries have agreed to this. This agreement is called the

Dublin regulation
.

If you are applying for asylum in the Netherlands for the first time, then too, the

IND
will assess whether your asylum application should be processed in another European country. For example, because:

  • You have family members who have applied for asylum in another European country or have a residence permit there.

  • You have an (expired) visa or residence permit for a different country. For example, to study.

  • You entered Europe illegally through another country.

You will have one interview with the IND

You will have one interview with the IND. This interview is called the Dublin interview. The IND explains that you are registered in another European country. The IND asks questions about this. The IND does not ask questions about your refugee story. During the interview, you can say why you think the Netherlands should process your asylum application. The IND will compile a report of the interview.

There is an interpreter who speaks your language at the interview with the IND

The IND employee asks the questions in Dutch. The interpreter translates them for you. The interpreter also translates your answers into Dutch. The interpreter is independent, does not work for the IND and has no influence on the decision about your asylum application. As interpreters are very busy, you might get an interpreter who speaks a different dialect. Tell me immediately if the interpreter and you cannot understand each other properly. It is important that no misunderstandings arise because the interpreter and you do not understand each other well.

The IND submits a request to the European country

The IND must submit a request to the other European country to process your asylum application. The other European country will assess the request and respond to the IND. The country may reject the request. The IND can then submit a request for reconsideration. This means that the other European country must conduct another investigation.

The IND plans not to process your asylum application

You will receive a letter if the IND finds that another European country is responsible for your asylum application. This letter states that the IND intends not to process your application for asylum. This letter is called the IND's intention. If the IND thinks that the Netherlands is responsible for your asylum application, the IND will continue to process your application in the general asylum procedure.

Your reaction to the IND's intention

You can discuss the IND's intention with your lawyer. The lawyer can respond to the intention with a letter. In this letter the lawyer can explain why you disagree with the intention. The IND must consider the lawyer's letter.

The IND makes a final decision

After reading the lawyer's letter, the IND decides whether the intention needs to be adjusted. If the IND still thinks that the other European country is responsible for your asylum application, you will receive a letter about this. This letter contains the IND's final decision.

Appealing the IND's decision

On this page can you read more about appealing against the IND if they have rejected your asylum application.

Transfer to another European country

You must be transferred to the European country responsible for your asylum application as soon as possible and at the latest within 6 months. You have the right to a place in a reception centre in the Netherlands until the transfer. You can be transferred to the other European country in three ways:

  1. You can return to the other country yourself. If you want to leave independently, you can contact the

    Repatriation & Departure Service (DT&V)
    .

  2. A Dutch official will bring you back.

  3. An official from the other European country will bring you back.

Please note: Once the other country agrees to the IND's request to take you back, the Netherlands has six months to do so. This may take longer if you submit a (higher) appeal.

In immigration detention after Dublin decision


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