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Hello my name is mustafa. I apply asylum in Nederland in7 December 2020.i have Deutschland dublin.  Germany aggree to take me back on 24 January. Now I am in Coa camp ( Nederland).. If I hide now and after 18 months apply asylum again... So I have question..
When I should count the day ( 18 months)
The day I leave camp or the day  when BAMF aggree to take me back( 24 January)
asked Apr 19 in Asylum proceedings by mustafa ahmed
edited Apr 29 by mustafa ahmed

Dear mustafa ahmed, 

I am sorry that you did not receive any answer yet. I suppose it is due to the quite complicated question you raised or better to say the difficult situation you are in. Unfortunately, I am not able to give so detailed technical information on the Dublin regulations. I am also not sure if we are really able to give you a satisfying and reliable answer on this platform. I would always recommend to contact counselling offices. They offer confidential and free of charge services and you don't need to worry that the social workers report you to the authorities. 

Nevertheless, I will also link our dear @alla_fka here. If there is an expert on the Dublin rules, it is her. 

All the best for you, 

Meike

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2 Answers

0 votes

Hello Mustafa Ahmed,

If you hide, the 18 months will be counted from the date Germany accepted the request of the Netherlands. See the corresponding Article in the Dublin III Regulation, especially part 2:

Article 29

Modalities and time limits

1.   The transfer of the applicant or of another person as referred to in Article 18(1)(c) or (d) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of acceptance of the request by another Member State to take charge or to take back the person concerned or of the final decision on an appeal or review where there is a suspensive effect in accordance with Article 27(3).

If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall ensure that they are carried out in a humane manner and with full respect for fundamental rights and human dignity.

If necessary, the applicant shall be supplied by the requesting Member State with a laissez passer. The Commission shall, by means of implementing acts, establish the design of the laissez passer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).

The Member State responsible shall inform the requesting Member State, as appropriate, of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.

2.   Where the transfer does not take place within the six months’ time limit, the Member State responsible shall be relieved of its obligations to take charge or to take back the person concerned and responsibility shall then be transferred to the requesting Member State. This time limit may be extended up to a maximum of one year if the transfer could not be carried out due to imprisonment of the person concerned or up to a maximum of eighteen months if the person concerned absconds.

The day of leaving the camp doesn't matter.

answered May 7 by Alla_fka
0 votes
I suggest you hire a lawyer. Because even after hiding for 18 months from the day the Germany accepted to take you back, the responsible authority can just say that the time is not expired and still send you. But with a lawyer you have better chances, so no one can violate your rights.
answered May 10 by luckyjoker
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