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Hello there, I have been to italy once for touristic reasons last year and I haven’t claimed asylum, I am going to claim asylum for he first time in the UK in few months,  will I be transferred to italy because of Dublin III?
asked Aug 27, 2018 in Asylum proceedings by Upndown

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1 Answer

+1 vote

Hello @Upndown

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

There are a few question that need to be clarified first in order to answer your question:

1) You went to Italy on a tourist visa. So I assume that the visa already expired in the past and you are not holding a valid visa by any European country at the moment, right?

2) You didn't stay in Europe in the meantime, instead you returned to your home country or you left the EU/Schengen-area, correct?

If the answer to both of the questions above is "Yes" then there shouldn't be a problem with Dublin III in this case as far as I can see.

The Dublin III regulation comes into play when you've already been registered in another European country or if you received a visa/residence title/etc. by said country. As an example: If you go to Italy with a tourist visa and then go directly to the UK to claim asylum, they are going to send you back because Italy issued you a visa.

If you leave EU for more than 3 months (e.g. to go back to your home country) your case is "reset" from the point of view of Dublin III. For example: If you go to the UK now they can treat your application as a new case that is not related to your previous trip to Italy. See the answer of Marcel in this thread for further explanation: https://www.wefugees.de/102057/claim-asylum-for-second-time-in-eu.

Best regards,

Thorgen

answered Aug 28, 2018 by Thor
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