Which country will process my asylum application?

Question

I have a schengen visa from Spain (finger prints were taken at the consulate to process the visa), my flight layover was in Amsterdam (fingerprints were taken as well). If I seek asylum in Amsterdam, who will process my application and will the send me to Spain?

Answer 1

You can apply for asylum at Ter Apel application centre. Before the actual application process starts, your finger prints will be checked with Eurodac.

But before the AVIM (Dutch Alien Police) will ask Spain to overtake your case, you will be interviewed, and in this interview you can assert reasons and arguments why the Netherlands are responsible for your case, and you will be able to file an objection, and if this is neglected, you can file an objection on this again (For example if the majority of your family members already lives in the Netherlands or has already applied asylum there). It is adviseable to ask a lawyer for help at this point!

In case the Netherland will ask Spain to overtake you and your case, Spain has to accept this. If the procedure of your resettlement can not take place within 6 months, the Netherlands have to overtake your application. Also at this point, you can file an objection again, but your objections will extent the time until the Netherlands are responsible for you. You can also make an appeal here, but you can be deported to Spain while the courts decision is pending. (Also here, you can apply at the court to be allowed to stay in the Netherlands until the court has made its decision.

For more information, see here:

https://***.vluchtelingenwerk.nl/sites/public/u25001/Engels%20-%20Dublin%20-%20aug%202015.pdf

****://***.bamf.de/EN/Fluechtlingsschutz/AblaufAsylv/PruefungDublinverfahren/pruefung-dublinverfahren-node.html

Comments

Thank you so much for your answer.. adding to the above question..Will it help or has any value added to the application if the person is registered with UNHCR and has a letter?