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EU Dublin III Regulation (Regulation (EU) No 604/2013)

Definitions;
  • “EU Dublin III Regulation” refers to Regulation EU No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-Country national or a stateless person.
  • “Member State” refers to one of the ‘Dublin countries’ and includes the 28 European Union countries (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, as well as 4 countries “associated” to the Dublin Regulation (Norway, Iceland, Switzerland and Liechtenstein).
  • “Minister” refers the Minister for Justice and Equality.

  • “Transfer Decision” refers to the decision made by the Refugee Applications Commissioner following acceptance by the requested Member State to take charge of or take back a person under the EU Dublin III process.

What is the Dublin III Regulation?
The EU Dublin Regulation (EC 604/2013)* succeeded the EU Dublin Regulation (343/2003), under which the State responsible for examining an application for international protection lodged in one of the Contracting States of the Regulation (EU Member States plus Iceland, Norway and Switzerland) is determined.

* REGULATION (EU) No 604/2013 of 26 June 2013 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 or stateless person (recast).


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Written representations to the Commissioner in EU Dublin III Regulation cases.
When you make your application, your case may be examined under the EU Dublin III Regulation. It is open to you to make WRITTEN representations, in this regard, to the Refugee Applications Commissioner, Dublin 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 Member State.

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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 Member State, your application may be dealt with in accordance with the EU Dublin III Regulation.

Your case may be one where Ireland requests another Member State to take charge of your application. An example of this is where another Member State has issued you with a visa, residence document, or work permit or where you irregularly crossed the frontier of another Member State prior to your application in Ireland.

Ireland may request another Member State to take back your application because you have made an application in another Member State and that application has not yet been finalised, or you may have withdrawn your application in another Member State prior to a decision in your case being made, or your 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:-


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Take Charge.
A take charge request to another Member State to accept responsibility for your application must be made within three months of the date of your 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 application.


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Take Back.
A take back request to another Member State to take responsibility for your application must be made within two months of receipt of a Eurodac hit. If the take back request is based on evidence other than data obtained from the Eurodac system, it shall be sent to the other Member State within three months of the date on which Ireland becomes aware that another Member State may be responsible for your 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 in any event no later than 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.

If another Member State is found to be responsible for examining your application and it is agreed between Ireland and the requested State that your application should be transferred to that State you will be informed in writing that it is proposed to transfer you to that country for the consideration of your application.


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Family Unity.
You should note that Ireland may call upon and agree with another Member State to take charge of your family members (as defined in the EU Dublin III Regulation), in addition to your application, even if your family members did not make an application in the Member State responsible for your application.

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Dependent persons.
If you are dependent on the assistance of your child, sibling or parent legally resident in one of the Member States; or if your child, sibling or parent legally resident in one of the Member States is dependent on your assistance, Member States shall normally keep or bring you together with that child, sibling or parent.

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Transfer to another Member State.
The transfer of your application will be arranged by the Department of Justice and Equality. 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 Member State. The Minister will be notified of the Transfer Decision with a view to making arrangements for your transfer to the Member State to where you are to be transferred.

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EU Dublin III Regulation appeal.
You will have ten working days from the date of the Refugee Applications Commissioner's decision to transfer you to another member state, 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. Any appeal submitted by you will suspend the transfer of your application pending the outcome of your appeal.

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What happens if an EU Dublin III Regulation appeal is successful?
If the Refugee Appeals Tribunal overturns the decision to transfer of the Refugee Applications Commissioner, you will not be transferred and 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.

Information Leaflets
EU Dublin III Regulation leaflet for all asylum applicants.



EU Dublin III Regulation leaflet for applicants in the Dublin procedure.



EU Dublin III Regulation leaflet for children seeking international protection.  [Back to top

Leglislation
REGULATION (EU ) No 604/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013.



EUROPEAN UNION (DUBLIN SYSTEM) REGULATIONS 2014 S.I. No. 525 of 2014

Statutory Instruments

S.I. No. 140 of 2016
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EUROPEAN UNION (DUBLIN SYSTEM) (AMENDMENT) REGULATIONS 2016.




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