Office of the Refugee Applications Commissioner
Oifig An Choimisinéara Iarratais do Dhídeanaithe
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Dublin II Regulation
What is the Dublin II Regulation?
The EU Dublin Regulation (EC 343/2003)* succeeded the Dublin Convention, under which the State responsible for examining applications for asylum lodged in one of the Contracting States of the Regulation (EU Member States plus Iceland, Norway and Switzerland) is determined.
* COUNCIL REGULATION (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national.
Back to Top Written representations to the Commissioner in Dublin II Regulation cases.
When you make your application for a declaration as a refugee, your case may be examined under the Dublin II Regulation. It is open to you to make WRITTEN representations, in this regard, to the Refugee Applications Commissioner, Dublin II Regulation Unit, 79-83 Lower Mount Street, Dublin 2. The Commissioner shall take into consideration all relevant matters known to him or her, including any representations made by you or on your behalf when deciding whether your application will be transferred to another Contracting State.
Time limits for requests to other Contracting States to 'Take Charge' or 'Take Back' applications for asylum.
If at any stage during the course of the investigation of your application, it appears that your application should be dealt with in another Dublin II Contracting State, your application may be dealt with in accordance with the Dublin II Regulation.
Your case may be one where Ireland requests another Contracting State to take charge of your application for asylum. An example of this is where another Contracting State has issued you with a visa, residence document, or work permit or where you irregularly crossed the frontier of another Contracting State prior to your application for asylum in Ireland.
Ireland may request another Contracting State to take back your application because you have made an asylum application in another Contracting State and that application has not yet been finalised, or you may have withdrawn your asylum application in another Contracting State prior to a decision in your case being made, or your asylum application was rejected and you are in Ireland without permission.
A summary of the different time limits to 'take charge' and 'take back' cases is set out hereunder:-
Take Charge.
A take charge request to another Contracting State to accept responsibility for your asylum application must be made within three months of the date of your asylum application. The requested State must give a decision no later than two months from the date on which the request was received.
Ireland may ask for an urgent reply from the requested State in cases where you were refused leave to enter or remain in Ireland, if you have been arrested for unlawful stay, or after the service or execution of a removal order and/or where you are being held in detention. The request shall state the reasons warranting the urgent reply and the period within which a reply is expected. This period shall be at least one week but should not be any longer that one month from the request date.
If the requested State fails to respond within the time limits as outlined in the preceding paragraph this is tantamount to the requested State's acceptance of Ireland's request to take charge of your asylum application.
Take Back.
Where Ireland calls on another State to 'take back' your asylum application the State called upon to take back shall be obliged to make the necessary checks and reply to the request made by Ireland as quickly as possible and under no circumstances exceeding one month from the date of the request. Where Ireland's request is based on data obtained from the Eurodac system the time limit for reply is two weeks.
Where the requested State does not respond to Ireland's request within the time limits as outlined in the preceding paragraph the requested State shall be considered to have agreed to take back your application for asylum.
If another Contracting State is found to be responsible for examining your application for asylum and it is agreed between Ireland and the requested State that your asylum application should be transferred to that State you will be informed immediately in writing that it is proposed to transfer you to that country for the consideration of your application for asylum.
Family Unity.
You should note that Ireland may call upon and agree with another Contracting State to take charge of your spouse and/or your minor dependent children, in addition to your application, even if your spouse or minor dependent children did not make an application for asylum in the Contracting State responsible for your application for asylum.
Transfer to another Contracting State.
The transfer of your asylum application will be arranged by the Department of Justice and Law Reform. The transfer shall take place as soon as is practicably possible and at the latest within six months of the date of acceptance of the other Contracting State.
Dublin II Regulation appeal.
You will have fifteen working days from the date of the Refugee Applications Commissioner's determination to appeal to the Refugee Appeals Tribunal. You will be provided with an information leaflet on the appeals procedure and a notice of appeal for that purpose. The Minister will be notified of the determination with a view to making arrangements for your transfer to the Contracting State to where you are to be transferred. Any appeal submitted by you will not suspend the transfer of your application or your transfer to that country. Upon your arrival in the relevant country you should immediately notify the Refugee Appeals Tribunal of your address for the purpose of corresponding with you in relation to your appeal.
What happens if a Dublin II Regulation appeal is successful?
If the Refugee Appeals Tribunal overturns the determination of the Refugee Applications Commissioner, your application will be returned by the Refugee Appeals Tribunal to the Refugee Applications Commissioner for examination. You will receive a written notification advising you of this. If you have already been transferred to another Contracting State, arrangements will be made for your return to Ireland.
