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Claim asylum for second time in EU submitted by Karjan in Asylum proceedings

Dear Wefugees team,

I have an issue a little bit different from other questions we have seen here about asylum for second time.
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

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Hello @Karjan - welcome to our community! I will link our awesome lawyers @Marcel and @Steven that help us with legal advice. Maybe they can add some information. Best regards, Thorgen
Thor (Wefugees)
Hello Thor. Thank you so much! I am very grateful for your help. Best regards, Karjan
Karjan
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by Marcel (Lawyer/Rechtsanwalt)

Other EU countries may have different rules, depends which country.

Basically, however, they could ignore the fact that you have made a Claim for asylum in Germany, if you have returned to your home Country in the meantime for more than 3 months (as I think you said you did ?). They can treat your application as a new application then. This is provided by Dublin III, Art 19 (2):

eur-lex.europa.eu/LexUriSe...

However, the other EU Country will nevertheless check whether it is the competent Country to hear your Claim and may send you to another EU Country that it thinks is the competent Country (not necessarily Germany but the Country where you enter "Schengen" the second time). And there is also no guarantee that it will apply Art 19(2) of Dublin III, but in theory it has the right to hear your asylum Claim and treat it as a new case.

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Thanks a lot, Marcel. Your answer was really helpful.
Karjan
Best regards, Karjan
Karjan
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by Jan

Hello @Karjan,

The German Federal Office for Migration and Refugees gives the following information, which will answer your question partially:

"Asylum proceedings can be discontinued. This takes place if
the asylum application is withdrawn. [...] Once the asylum proceedings have been finally completed, a renewed asylum application may be filed. This "follow-up" application claims that there has been a change to the factual or legal situation once the non-appealable decision has been handed down (see Initial, Second and Follow-up applications)." (Source: tinyurl.com/yaz9w2rt).

But to answer your question completely, we have to consider the Dublin-III-Regulation. For details see this information provided by the European Commission for Migration and Home Affairs: tinyurl.com/y7wg7jkq
In Germany the Federal Administrative Court made a judgement that a delined procedure for granting the right of asylum may not lead to an automatic refusal if you apply for asylum in Germany at a later date (Source: tinyurl.com/ydgv3uq8 - German language).

Time issues seem to play a subordinate role, I didn't find any limiting regulation. This may be due to the fact that the human rights situation is not really predictable in every country.

If you need some help, you may try e.g. Jesuit Refugee Service: tinyurl.com/ycxftfyn

Best regards
Jan

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Hello Jan, thank you so much for your attention. Your answer was very helpful, however it has aroused another two questions for me. I would like to know if these proceedings (cited above) only apply to Germany or they are common for the other EU countries. Another question is whether it is possible to claim as "ground for resumption" (bamf.de/EN/Fluechtlingssch...) negative facts happened against the person who claimed asylum, in the country responsible for the process, and during the process. Thanks in advance, Karjan
Karjan
The first and the third citation given above are valid for Germany. To answer your second question: If you can prove credibly the negative facts this could be surely helpful to prepare the ground for a resumption.
Jan
Thanks a lot, Jan.
Karjan
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