Is it possible to be granted asylum in Germany if you already found refuge in Italy?

Question

Hello, at the beginning of 2016 a friend of mine came from Pakistan to Germany. He asked for asylum and got the paper „Duldung“. They took his fingerprints and he waited for the interview. Then he was afraid to be rejected and went to Italy. There he got asylum for 5 years. Now he wants to come back to Germany and seek for asylum here. How is the procedure in this case? Is it possible to reopen his case in Germany? Thanks for helping him. Best regards

Answer 1

Hello @Maxi - nice to hear from you again!

In accordance with Dublin III you are only allowed to apply for asylum in one EU-member state. Keeping that in mind I'm surprised that Italy granted him asylum since they usually check back if other countries already opened a case for him. Well anyways, he has got asylum in Italy which will be the reason for BAMF to say that his application is a so called "unzulässiger Asylantrag" (inadmissible application for asylum). They will say that he does not need refuge anymore because Italy already provided it. I fear there is no chance to reopen his case in Germany.

Source (German language): https://***.nds-fluerat.org/leitfaden/4-der-bescheid-des-bundesamtes/41-unzulaessiger-asylantrag-die-dublin-ii-verordnung/

Best regards,
Thorgen