Dublin regulation - when does the 6 months deportation limit start?

Question

I would like to know when does the 6 month of deportation starts counting,is it when you receive letter from bamf that you have fingerprint and have to go back or is it when you appeal to court against bamf decision and they also say no?

Answer 1

Dear @Grace,

Thank you for reaching out to the community again!

Regarding the time limits during the Dublin "transfer" procedure, I made some research and found the following information:

The BAMF has to follow some rules during the transfer process.

• First of all, Germany quickly has to request the takeover by the European state that was found responsible. This request must be  made no later than two months after your fingerprints have been found in the Eurodac system by German authorities. Or, at the latest, three months after the BAMF has received your asylum application. If German authorities don't complete the takeover-request in time, Germany is responsible for your asylum case.

In some cases, Dublin member states refuse the takeover, if they aren't able to accept your asylum case. However, they have to adhere to set deadlines: 

• First, if you never applied for asylum in the other European country, they have two months time to respond to BAMF's takeover-request. When they don't respond within that time frame, Germany can read their lack of reaction as an approval and may deport you to that country. 
• Second, if you did apply for asylum in the other European country, they have two weeks to one month to react to the takeover-request. Again, if they don't respond in that time, it will be read as an approval and Germany can deport you. 

If these deadlines expire without any reaction from the other European/ Dublin country, or when the other country approves the takeover request, Germany has six months to send you back to the "responsible country". However: if you aren't deported within these six months, Germany will be responsible for your asylum claim.

Two things are noted: If you are imprisoned, the transfer to the other Dublin country will be possible within 12 months. If you prevent the transfer, because e.g. you went into hiding, the deadline to transfer you will be extended to 18 months. 

As you can read here and how I understand it, the six months start once Germany has either not received any answer from the other European country regarding the takeover-request within the two months/two weeks to one month time frame and reads it as an approval; or if the other country has approved the takeover. 

The source also notes that you are entitled to regularly ask about the state of your Dublin case and are allowed to see your file, so it is advised to ask your case officer about the progress every 4 weeks.

I hope this explanation helps. Let me know if you have any more questions!

All the best,

Isa

Comments

What if after I received the deportation letter and I filed an Eilantrag?
In my case the court did not decide on Eilantrag for 26 months. Is the dublin over while the Eilantrag is undecided and is more than 18 months?  Or any time even after 2 years if the court said no, still I am dublin and the six months starts from new. I understand the court decides with in 2 months regarding Eilantrag, but in my case responded after 26 months, and the decision was negative.