Is it possible to avoid the Dublin III regulation by leaving the EU for more than 3 months?

Question

Dear friend
I studied some where that according to Dublin regulation III, if an applicant as an example in Netherlands been rejected by officials based on mentioned regulation and after that he make an illegal stay out of Netherlands ( not EU)  for at least 3 month so that there would be no evidence to prove he had dwelled within those months in NL consequently he would be eligible to apply for an aslyum seeker in a second country for instance in Germany,  and his Dublin effect could be waived regarded to aboves. Is it true if affirmative would you please mind telling me more about the aspects and functionality of this provision?
Thanks so much indeed to help me chose the correct.

Comments

Hello @blackbox - Nice to hear from you again. I will link @WKZB1 for he knows a lot about the legal framework of residence. Maybe he can give you an answer to your question as well. Best regards, Thorgen

Answer 1

Hello @blackbox

I did a little bit of research about Dublin III. This is what I found out:

When you apply for asylum in a country that's part of Dublin III, it will check whether it's responsible for your case or not. If you leave the country demonstrably for more than 3 months and apply for asylum somewhere else before they finish checking, the country where you applied for asylum a second time is in charge of checking which country is responsible for your case. It doesn’t automatically mean that they will process your asylum procedure - they will only do so if they come to the conclusion that they are responsible.

Since you’ve already been rejected by Dutch authorities based on Dublin III, it has already been worked out which country is responsible to give you a procedure.

Best regards,

Thorgen