Eligible country for Dubiln regulation if you have a valid visa but entrance is illegal

Question

Hi dears
If an applicant of asylum seeking still has a valid multiple visa issueed by a state of Schengen territory but for more than 3 months has been out of this area and then arrived to another Schengen member ILLEGALLY, which is different than visa issuance, which country is eligible to consider the asylum seeking application, based on Dublin regulation?

Answer 1

Dear @blackbox,

Thank you for reaching out to the Wefugee community and sorry for the late reply!

I am not sure, if I fully understood the situation. But in general, the country which has issued your visa will also be responsible for the asylum procedure.

The UNHCR explains:

"If you have a visa, the state responsible for the examination of your application is the “Dublin III” State that issued the visa, when the visa has expired for no more than six months. If you have more than one residence permit or visa, the “Dublin III” State responsible for the examination of your application depends on the duration and the expiry dates of the residence permits or visas."

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike