The Dublin Regulation
In the EU countries and Norway, Iceland and Switzerland there are rules about which country is responsible for an asylum application. The rules say that only one country considers the application. These rules are called the Dublin Regulation and apply as a law.
If you have been in another Dublin country before you came to Sweden, you may have to go back there. This can apply in the following cases:
- You have already applied for asylum in another Dublin country and had your application considered there.
- Your parents are living legally in another Dublin country.
- You have relatives in another Dublin country that can receive you and take care of you.
If another Dublin country is going to consider your asylum application you and your guardian will be called to a meeting at the Migration Agency. Your public counsel also has the possibility to be at this meeting which is called a communication.
What is a communication?
A communication is a conversation between you, your guardian and the staff at the Migration Agency. At this conversation you will receive information about the Dublin Regulation and that another country can become or has become responsible for considering your asylum application. You will also have the opportunity to say if you have any reason to not go to the other Dublin country. You can say why you want your application to be considered in Sweden instead. Your public counsel can also get the opportunity to write down why you don't think that you should go to another Dublin country, and send this to the Migration Agency.
Appealing a Dublin decision
If you are not happy with the Migration Agency's decision you are entitled to appeal the decision to a Migration Court.
The Migration Court will not consider why you have applied for asylum. It will only decide which country should consider your grounds for asylum.
If you have appealed your Dublin decision, this means that you don't have the right to stay in Sweden while the Migration Court considers your case. Your journey to the other Dublin country will only be suspended if the Migration Agency or the court says that the journey should be suspended.
If the Migration Court decides that you must travel to another Dublin country you and your guardian will be called to a meeting at the Migration Agency. You will be informed that you will travel to the country that is written in your decision. The decision is called a transfer decision. You will also find out your travel arrangements. Staff from the Migration Agency will accompany you on the journey. Staff from the authorities in the country you arrive at will meet you.
Appealing the Migration Court's Dublin decision
If you are not happy with the decision you can appeal to the Migration Court of Appeal. If the Migration Court of Appeal wants to consider your appeal it is this court that decides if your application will be considered in Sweden or in another Dublin country.
If the Migration Court changes the Migration Agency's Dublin decision the Migration Agency can appeal the decision to the Migration Court of Appeal. If the Migration Agency appeals the Migration Court's decision it is the Migration Court of Appeal that decides whether it will consider the appeal. If the court wants to consider the appeal it is this court that decides whether your appeal will be considered in Sweden or in another Dublin country.
If the Migration Agency does not appeal the Migration Court's decision, the asylum process will continue in Sweden. The Migration Agency's staff will then summon you to an asylum investigation.
If you wish to know more
The Dublin Regulation applies in the following EU countries:
Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
The Dublin Regulation also applies in Norway, Iceland and Switzerland even though they are not EU members.