The Dublin Procedure

Last updated: 3/15/2023, 12:00 PM

The police in Ter Apel see that you have been previously registered in another European country. Another European country must therefore process your asylum application. The Immigration and Naturalisation Service (IND) determines that you will enter the Dublin procedure.

  • You are applying for asylum in this country for the first time.

  • You travel into Europe through this country.

  • You have a visa for this country.

This is an agreement between European countries. This agreement is called the undefinedDublinverordeningundefined.

In Ter Apel, the police investigate whether another European country is responsible for your asylum application. They do this by checking your identity, and checking whether your fingerprints are in

EURODAC or EU-VIS
.

You will have one interview with the

IND
. This interview is called the undefinedDublingehoorundefined. 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 Dublin interview, you can say why you think the Netherlands should process your asylum application. The IND will compile a report of the Dublin interview.

An interpreter who speaks your language will be present at the interview

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.

Please note: Immediately say if the interpreter and you cannot understand each other well. It is important that no misunderstandings arise because the interpreter and you do not understand each other well.

After the Dublin interview, the IND makes a 1st decision

There are two possibilities:

  1. The IND decides that the Netherlands is responsible for your asylum application: The IND continues to process your application in the General Asylum Procedure (AA).

  2. The IND still thinks that another country is responsible for your asylum application: You will get another letter from the IND. This states that your asylum application will not be processed in the Netherlands and why. You must leave the Netherlands independently within 4 weeks. If you do not do so, you will be transferred by the

    Repatriation & Departure Service (DT&V)
    to the other European country. You are entitled to a place in a reception centre in the Netherlands until the transfer.

Your reaction to the IND's decision

You can discuss the INDundefineds letter with your lawyer. Your lawyer has one day to respond to the IND in a letter. The IND must take the lawyerundefineds letter into account. After reading the lawyerundefineds letter, the IND will decide whether the 1st decision should be changed.

Transfer to another European country

You can be transferred to the other European country in three ways:

  1. You can return to the other country yourself. In this case, you must return within 10 days.

  2. A Dutch official will bring you back.

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

Please note: You must be brought back within 6 months after the other European country received the request from the IND. Or within 6 months after the ruling of the (higher) appeal. This is called the undefinedoverdrachtstermijnundefined (transfer period).

This is what the IND does after the Dublin decision

The IND must submit a request for readmission or return to the other European country as soon as possible. The other European country investigates the request and responds to the IND. The country can reject the request. The country must respond to a request for readmission within 2 months.

If the other European country rejects the INDundefineds request, the IND can then submit a request for reconsideration. This means that the other European country must conduct a new investigation.

In immigration detention after Dublin decision