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Hi, I got rejected Austria. Almost 19 months can I ask asylum in Switzerland? On the way to Switzerland from Austria, Switzerland police caught me take finger and sendback to Austria. But now I m staying illegally, can I apply asylum again in Switzerland?
asked Feb 4 in Asylum proceedings by seelan
Dear @seelan, Welcome back to the Wefugees Community and thank you for your question. I am actually not sure for how long your asylum application will still be a Dublin case. I will link our dear expert @alla_fka here, as she is more familiar with the Dublin regulation. I remember from your last question that you find yourself in a quite difficult situation in Austria. Did you manage to get some support/legal advice by now? Were my links useful to you? Looking forward to your reply. All the best, Meike
Hi meike
First thanks for your kind reply, very very difficult to find free legal advisors after 2nd negative in Austria. Anyhow now I m not in Austria. I m trying my asylum in Switzerland, I hope there is a light in the end of tunnel

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1 Answer

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Hallo,

the end and the beginning of a responsibility to take an asylum procedure of a person is always a very difficult question with the refugees going from one country to another.

In Article 13 Part 2 of the EU-Dublin-Regulation there is a rule, that if you stay in any Dublin country (after leaving another country which was responsible before)  for more than 5 month without a break, this country will become responsible for processing your asylum application. But it must be clear that you really were in this country during this period, which may be difficult to prove if you stayed illegally.

To make a more exact assessment you must speak to a good councelling center or to a lawyer with the expertise in Dublin cases showing your papers, earlier decisions etc. But im principle nobody will tell you, if Austria takes you back again after the request of Switzerland or not.

Even if Switzerland takes your asylum application, it probably will be proceded as a so called second application (checking only if you have new reasons after rejection in Austria. If you can't prove that your situation in your country of origin changed to worse after this first rejection, you can get a rejection as inadmissible. Naturally I don't know exactly how the asylum law in Switzeland works, it is not EU and there can be some differences.
answered 4 days ago by Alla_fka
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