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Hello respected experts

In 2016 i came to Spain with tourist visa from Spanish embassy in my home country and went to Germany and applied for an asylum. I was in dublin and my lawyer appealed and after 6 months i was allowed to make asylum in Germany. My asylum was rejected and again i was under process for appeal and was given duldung. My question is am i allowed to apply asylum in Spain because of my visa ?
asked Dec 25, 2019 in Asylum proceedings by Mehmood88

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1 Answer

+1 vote

Dear @Mehmood88

Thank you for reaching out to the Wefugees Community. 

As far as I can see, the responsibility for your asylum procedure was officially transferred from Spain (which issued the initial visa) to Germany. 

From my understanding of the Dublin regulation, that transfer of responsibility is final and can not be taken back (especially after Germany decided on your case already). 

Would you agree, @alla_fka or @Infoverbund

However, it is also difficult to make a full assessment of your individual situation based on that few shared information. 

Regarding your perspectives in Germany, it might be useful to consult a migration counseling or office which offer their services free of charge. Let us know if you need support on finding one close to your place of stay. 

Please feel free to get back to us with any further questions. 

All the best, 

Meike

answered Jan 3 by Meike
Hallo,
Meike is right, the responsibility is now with Germany. Germany hasn't deported you to Spain in the time period as it was possible and then made an asylum procedure (checked your asylum reasons referring to your country of origin). If you try to ask for asylum in Spain, they have right to move you back to Germany.
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