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asylum for the second time submitted by eman in Asylum proceedings

Hello again :)

Does anyone know if it is possible for asylum seekers who have been rejected in one European country apply for asylum in another country in the EU after certain period of time ? I have read that rejected asylum seekers in norway can apply for asylum in Germany if they managed to wait for six month after they have left Norway , also read that its possible to seek asylum in Belgium as well if rejected in other European country , I am wondering if that is possible.
Thanks in advance

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Hi @Emam , perhaps @Marcel or @Steven know something about it. They are two lawyer offering their expertise in this Community. I'm linking them to the question. It might take a couple of days as it is weekend, but they will try to tell you more about the process. Best, Paolo
Paolo (Wefugees)
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by Marcel (Lawyer/Rechtsanwalt)

Dear Eman,

in general the rule within the EU (and also including Norway and Switzerland) is that you only have the right to one single asylum proceeding within the EU. There is only one exception to this: that is if you are a minor. Then you can have a second proceeding in Germany (see Art. 8 Dublin III Convention).

Apart from minors, what you are referring to with regard to Norway and Belgium can in my view only have the following legal background:

Either, Norway has rejected asylum on the ground that it is not the country due to handle the asylum proceeding under the Dublin III convention (i.e. not the competent country) and has determined that Germany is the competent country to deal with the asylum proceedings. In this case it will issue a negative so called Dublin III notice and Germany will become the competent country if the asylum seeker is transferred from Norway to Germany within 6 months. The asylum seeker will then have his asylum proceedings in Germany.

Or, a slightly different alternative may be that Norway has issued a negative asylum notice (i.e. not granted asylum after having handled the asylum proceedings) and now wants that the person leaves the country. In this case Norway (but also, for instance, Belgium) has the option to send the person back to Germany if that person has entered Norway from Germany. This is because Germany has entered into a so-called readmission agreement with Norway (and also with Belgium). Norway must ask Germany to take this person back within 6 months from the date the person has entered Norway. Another option, of course, is that this person goes to Germany of its own will.
But once in Germany the person will not be able to apply for asylum on the same ground. He can only make a so-called "subsequent application for asylum" ("Asyl-Folgeantrag" pursuant to § 71a AsylG). But this application will only be successful if something has changed significantly since the last asylum application (personal situation or political situation in the country he orginally comes from). It may also be that the asylum seeker is sent back to Norway or the country competent pursuant to Dublin III convention to deal with this asylum proceedings, normally the country through which the person has first entered Europe (exception: this will currently not be the case if he is from Syria). If the person files a subsequent application for asylum in Germany he will receive a preliminary title to stay ("Duldung") until the authorities have decided on the application.

In hope this clarifies the legal background a bit. To sum it up: in Germany a second application (following an unsucessful application in another EU country including Norway/Switzerland), is only possible if:
- you are a minor or
- under the narrow requirements of a so-called "subsequent application" (i.e. something must have changed significantly since the first application) or
- if the other country (in our example Norway) has only rejected the application because it was not competent under Dublin III

The same should apply for other EU countries as they also apply Dublin III.

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5 comments
Thanks a lot, Marcel. You are so active in this community <3 Thanks for all your time here :)
Laura23
thanks a lot Marcel , I've just seen your reply , it was really helpful :)
eman
Dear wefugees team, I have an issue a little bit different of the Emam's question but in the same context. I would like to know if someone that claimed asylum in one EU country, but declined by himself of this claim (and the right of appeal as well) before the end of the process (it means that it was neither reject nor approved) and returned to your country, can claim asylum again in another EU country? If so, is there a certain period of time to wait for a second claim? What is the procedure for it? Is the same of the first claim? Thanks in advance, Karjan
Karjan
Would you please ask your question in using the link 'Ask a question' at top right of this page? If you leave it here it will probably only be seen by a few members, but I think your question is of common public interest. Besides, with this action you help the administrators to keep the structur of this service smart and simple. I apologize for any inconvenience caused by this. What I can do for you in the meantime is to reflect about an answer to your question.
Jan
Thank you @Jan :)
Thor (Wefugees)
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