The Dublin procedure in relation to the asylum procedure (2014)
According to Regulation 604/2013/EU, member states are not required to examine whether the applicant qualifies for international protection in cases where another MemberState is responsible for the application. In these cases, the MemberState where the applicant is present will not process the application.
In the Netherlands the Dublin procedure is part of the General Asylum Procedure of 8 working days. For the implementation of Directive 2013/32/EU we are examining the possibility to take the Dublin procedure out of the general procedure and to implement a separate procedure for Dublin cases.
For that reason we want to raise the following questions:
1. Does your country have a separate procedure for Dublin cases?
2. If so, what are the procedural differences between a ‘normal’ asylum procedure and a Dublin procedure (the application is lodged in your country, but another MemberState is responsible)?
3. At present, at what stage in the procedure will the applicant have a personal interview as prescribed in the Dublin Regulation? Does this interview take place on a different moment in the procedure compared to the personal interview on the application for international protection in the ‘normal’ asylum procedure?
4. At what stage in the procedure do you notify the applicant of the transfer decision according to the Dublin Regulation (article 26)?
5. Has your country changed the Dublin procedure in light of the implementation of Directive 2013/32/EU or is it planning to do so? If so, if possible please describe the intended changes.