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Hi. I want to ask something. I'm a former asylum seeker who got a negative decision in Denmark and had deported by police to my home country in October 2018. Regarding Article 19, i can apply asylum in others Member State if i leave Mmeber State at least 3 months eventhough i have a fingerprint in Denmark (that's mean i need to give a solid evidence to proof that i have leave Member State for at least 3 months). I come from the country free Schengen visa for 3 months.

My question is :
1) What chance to win the case based on Dublin Article 19. I'm thinking to apply asylum for 2nd time, but in Belgium or Germany . I read that there were the case in Sweden and Netherland regarding Article 19, both case appeal to EU Court after Sweden and Netherland courts dismissed the case.

2) May i know when is Dublin Regulation 4 will come in force? and is it true that Article 19 was deleted from Dublin Regulation 3? What is the future for me and ex-asylum seekers who leave Member States for certain of period time? Did Belgium or Germany will send me back to Denmark if Dublin Regulation 4 come in force?

Thank you

- Asylcenter -
asked Mar 5, 2019 in Asylum proceedings by asylcenter
retagged Mar 5, 2019 by asylcenter

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1 Answer

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Dear @asylcenter,

Thank you for your question and sorry you had to wait so long for an answer!

According to Art. 19 Nr. 3 of the Dublin Regulation, the EU Member State, which effectively returned an asylum seeker after its asylum claim was rejected is not responsible for their case anymore, regardless how long the person staid out of the country. So if you apply again in Germany or in Belgium, there should be a new procedure to determine what Member State is responsible for proceeding your asylum claim (based on how you entered the EU this time). Note however, that your chances to receive international protection after your asylum claim was rejected by an EU Member State and you were deported are very low.
That is exact, in the Dublin 4 regulation, which was proposed in 2016, article 19 was deleted. The text states that persons whose asylum claim was rejected by an EU Member State should be returned to that country if they lodge an asylum claim in another EU Member State (Article 20 of the proposed regulation). Due to lack of political consensus however, the regulation still has not been adopted and it is not sure it will ever enter into force. Member States will be invited to adopt it on a voluntary basis, so it might, at some point, be implemented in some EU countries, and not in others.
I hope this helps, don't hesitate to add a comment if you need additional information!
All the best,
answered May 2, 2019 by Safia Advocate
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