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Hello.

In July 2018 I applied for asylum in Germany.

On 8 August 2018 France took a charge.

In September 2018 I left Germany by myself.

In February 2019 I applied for asylum in Norway. And in March 2019 Norway officially transferred me to France.

In October 2019 I applied for asylum in Germany again. On 30 October 2019, Germany put my fingerprints in Eurodac.

But Germany had to send a take back request to France within 3 months under Article 23 of Regulation 604/2013, but Germany didn't. Instead Germany, by old consent (7 August 2018), transferred me to France on February 4, 2020.

It turns out that Germany mistakenly transferred me to France as Germany has become a responsible country according to Article 23 of the Regulation.
asked Jun 7, 2021 in Asylum proceedings by liza173 | 904 views
Dear @liza173, Welcome back to the Wefugees Community and thank you for reaching out to us again. I remember that you talked about your situation with our dear @alla_fka (https://***.wefugees.de/809853/dublin-procedure-after-18-months) before. As she is also quite an expert regarding the Dublin regulations, she maybe can give some advice and further information here again. All the best, Meike

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1 Answer

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Hallo,

the rule in the Dublin Regulation about 3 month time for a request gives to you as an asylum seeker no individual subjective right which could be enforced in the court. It is the rule for Dublin states. That means it was perhaps possible for France 2019 to reject your deportation with the reason that it didn't correspond to the Dublin rules. If France agreed, you had normally no chance to do something, even that time. The courts in Germany would have reject your claim, with greatest probability. And 2 years later anyway.
answered Jun 28, 2021 by Alla_fka
German authorities normally check with Eurodac-System und if they made it in your case, they had to find out about your Dublin depotation from Norway to France. It must be in your file.
But it is all just a guesswork! If you really want to know how it was, you must take a lawyer with a good expertise in Dublin procedure, who will ask for your foreigner file from BAMF Germany (migration authority which decides about asylum and Dublin) and check what's really happened.
Im principle you have a right to ask for information about your file yourself but it is always the question if BAMF reacts to your request as a private person. Especially if you are not in Germany.

I also noticed that in March you made a similar question on this platform which I answered in April, but then you wrote about Netherlands, not Norway.
The decision of the German court stated that I applied for asylum in Norway after Germany, but Norway did not transfer me to France. In reality, I was only in Norway for a month in a closed migrant centre and was officially transferred from Norway to France in March 2019! I told the bamf workers about it and wrote to the court about it, but they did not want to listen me, the German authorities did not want to **** into it and quickly transferred me to France without a new request, which is a violation...

Especially since, according to Article 34 of the Regulation 604/2013, Germany had the right to investigate and ask Norway whether I had been transferred to France or not.

I'm in the Netherlands now, it's a similar situation.
I don't think I can give you more advice that before. I wouldn't hope that BAMF would be prepared to make investigation itself after they already transferred you to France (with the agreement of this country).
I wrote to you about decisions on EU-level which can perhaps support your point of view (about the mistake of BAMF and the responsibility of Germany). But you definitely need a very good lawyer and I don't beleive that the chance is high. And, moreover, it will take years.
Hello

Please give me contact details of a lawyer mr. Mr. Münch.
Mr. Münch stopped to take new clients some years ago.
The general Information about him is normally available in Internet.
Perhaps you can **** for the contact of Mr. Kupffer, it is another lawyer in Heidelberg, who works actively with asylum and Dublin and who hat much contact to Mr. Münch before.
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