Here you can ask, answer and find questions surrounding the topic: arriving in Germany
Hi, I'm Syrian and doing my MSc degree in Hungary and my resident permit will expire soon!
So could I go to the Netherland and apply for asylum?
FYI, Hungary won't accept any refugees anymore!
asked Jan 19 in Legal advice by mo-elias
retagged Feb 26

Please log in or register to answer this question.

1 Answer

+1 vote
Best answer

Hello dear @mo-ellas,

Welcome to Wefugees and thank you for contributing to our community with your question.

You are right, since the new law came into effect on July 1, 2018, Hungary's refugee politics have become intensely strict, making it almost impossible to seek asylum and criminalizing those who help refugees and asylum seekers (according to Human Rights Watch: https://www.hrw.org/news/2018/06/22/hungary-tries-stop-asylum-seekers-new-law).

If you apply for asylum in the Netherlands, the Dublin III Regulations will still apply. They will check the European database Eurodac and easily find out you have been living in Hungary as a student. That gives the Netherlands grounds to deport you back to Hungary and recognize Hungary as the responsible country for your asylum claim.

However, you have options to appeal the decision, also based on insufficient care for refugees and the political situation in Hungary. This is still not a guarantee that the Netherlands will accept your claim.

Have a look at these threads from our platform that may help:

I left a fingerprint in Hungary, but I want to apply for asylum in Sweden - is that possible? 

Does Dublin III effect me if I seek asylum in Italy?

Here is more information on asylum applications (and the Dublin Regulation) in the Netherlands: https://ind.nl/Documents/Dublin_Engels.pdf

If you are in the Netherlands, you can reach out to a refugee support service for some more legal advice. They can have a closer look at your case and support you during the process: http://www.refugeelegalaidinformation.org/netherlands-pro-bono-directory

I hope these sources help. Please reach out to us again if you have any more questions or need further assistance!

All the best,

Isa

answered Jan 21 by Isa
selected Jan 21 by mo-elias
Thanks a lot for your answer, but my question now, what will happen if Hungary refused to get me back from The Netherlands ?
Will the Dutch authorities consider me as refugee or what is the worst case scenario ?!

Hey again @mo-elias

Thank you for reaching out to us again and for waiting. 

Please have a look at my answer on this following thread about the deadlines countries have to adhere to within the Dublin-Regulations process: https://www.wefugees.de/803403/dublin-regulation-when-does-months-deportation-limit-start?show=803403#q803403 

If Hungary refuses the "take-over", the Netherlands may accept your case. That doesn't automatically give you a protection status, but your case would be examined in detail. The worst outcome could be that your asylum claim is denied and you would face deportation. Even then, there are still options to appeal these decisions. 

Here is a PDF with a thorough explanation of the Dublin procedure (especially have a look at p.10-12): https://www.migrationsverket.se/download/18.39a9cd9514a34607721417/1485556221542/Dublinprocessen_en.pdf 

I hope this information helps! 

Best regards, Isa

2,611 questions
3,234 answers
4,593 comments
132,157 users