Am I going to face the Dublin procedure?

Question

Hello good people. Am Williams, i arrived in italy and then go to Belgium since 2yrs with my wife and one child, she seek for asylum status which was rejected after two years, but i did not apply then because of some personal situation which i can not asked for asylum then. Now i wanted to apply for asylum in germany with my family, as i can not continue to live with the situation of things, i thought my problem in my home will finish soon but i found out i can not return back. We had another child which was born in Belgium. My question is, is my wife going to face dublin process even though we will tell them she has been rejected before? Am i going to face dublin process because i arrived with italian visa two years ago? Please i need your help urgently. Thank you.

Answer 1

Hello @williams

Welcome to the Wefugees community and thank you for your question.

To me it sounds very likely that you will face a Dublin procedure. German or Belgium authorities won't accept your application for asylum because you have entered Europe in Italy. You can apply for asylum there.

Regardind your wife:

If she already had an asylum procedure in Belgium she won't be deported within EU in accordance with Dublin III. She can't have a second procedure in another country anyway. In addition, she might get deported back to her home country. The only option would be to appeal against the decision of Belgian authorities.

Best regards,

Thorgen

Comments

Thank you for your response. Concerning me, i have a reason why i can not demand for asylum in italy and that is why i wanted to ask here. For my wife, she has appeal and was refused since 2017. Now i will be the one to ask for asylum with my family, i cant seperate from them anymore. My wife have  baby after her appeal was rejected, i think there should be a way us to demand together, as there is change of situation i think. Can a lawyer help us in this kind of situation to cancel the dublinII? We are in Germany already and we will like to understand better before we submit oue application. Thank you for everything.

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Hello @williams

I can only highly encourage anyone in a situation similar to yours to consult a lawyer if you can afford it or to go to a counselling center to get advice (especially if there is a lot at stake like in your case). A lawyer won't be able to defy Dublin III, but s/he will be able to take a much closer **** at the details of your case than us.

One thing I forgot to ask in my initial post: Did Italian authorities register you (did they take your fingerprints etc.)? Or did that happen in another country? If not, it might be possible to apply for asylum in Germany without them noticing that you've already been to other European countries.

If you apply for asylum in Germany and get accepted your family can usually stay with you because they will get a residence permit as well. I'm not sure in how far this will work if your wife already had a procedure in Belgium and therefore becomes a Dublin III case (a lawyer is very useful in this situation to get profound advice). If she can't stay with you, you can try to reunite with her through family reunification after your application got accepted.

Best regards,

Thorgen