Dublin Agreement Asylum Seekers
I have a “tolerance” (temporary suspension of removal). I wanted to be about to be deported to Italy under Dublin, and I refused to leave, but I was told that I could stay 18 months in Germany without the police sending me back to Italy, and then I could apply for asylum again. What do you know? It then assigns responsibility to the state in which the asylum seeker has been staying for more than five months. The latter criterion would be particularly relevant for crossings between France and the United Kingdom – but the law requires the United Kingdom to prove this previous period of stay, which can be difficult. It is not enough to come from France to Great Britain. After the end of the transition period, it may therefore be easier to get France and other EU countries to accept the return of asylum seekers from UK territory if contracts are concluded. Conversely, in the absence of such contracts, things may be more difficult. Time will tell which one. A.S/D.M.: If you live in Italy, you must apply for a German visa and a work permit (normally issued only for skilled jobs). If you come to Germany without a visa, you will not receive a work permit. You should discuss with a lawyer or counselling centre what to do next, and if you wish to apply for asylum. EU Member States grant long-term resident status to third-country nationals who have been legally and permanently on their territory for five years immediately prior to filing the application.
These long-term residents can move freely within the EU. Fingerprints are included in the Eurodac database, which allows Member States to determine whether an asylum seeker has registered in another Member State and could therefore be transferred. The database was created in 2003 as part of the Dublin system and has expanded since then; the current regulation allows Europol to access the data in certain circumstances. There are different criteria for deciding why a country can be responsible for reviewing an asylum application, as well as complex deadlines and restrictions. Some basic rules are: they continue to apply in the UK during the transition period of the withdrawal agreement, as part of the continued application of most EU law to the UK during this period, but this ends at the end of the year. According to ECRE, UNHCR and other non-governmental organizations have openly criticized the Greek asylum system, including the lack of protection and care for unaccompanied children, and several countries have suspended the transfer of asylum seekers to Greece in accordance with the Dublin II Regulation. In February 2008, Norway announced that it would stop sending asylum seekers back to Greece in accordance with the Dublin II Regulation. In September, it backtracked and announced that transfers to Greece would be based on individual assessments.  In April 2008, Finland announced a similar measure.  This new system would be automatic if a country commits a disproportionate number of asylum applications. It would do so by referring to the size and wealth of a country.
If, beyond this reference, a country receives disproportionate figures (more than 150% of the reference number), all new applicants in that country (regardless of nationality) will be resettled in the EU after a review of the admissibility of their application until the number of applications is again below that level. A Member State would also have the option of not temporarily participating in the redistribution. In this case, it would have to make a solidarity contribution of EUR 250,000 to the Member State, which instead redistributed the person for each applicant for whom it would otherwise have been responsible under the fairness mechanism. I arrived in Croatia and they took my fingerprints, but I did not ask for asylum there. Then I went to Austria and applied for asylum, but after three months they refused me for no reason and simply told me that I had to go back to Croatia to continue (with) my asylum procedure.