Germany is bound by the Dublin III Regulation (AMMR) and applies its provisions directly.

The Dublin III Regulation is directly applicable in Germany, however, references to the Regulation can be found in the Asylum Act | Asylgesetz (AsylG).

Entity responsible for the Dublin procedure (the application of the criteria and mechanisms for determining the Member State responsible): Dublin Unit, Federal Office for Migration and Refugees | Dublin Unit, Bundesamt für Migration und Flüchtlinge (BAMF)

Place in the institutional framework:

The Dublin Unit is situated within the Group 32 “Dublin procedure” of the Federal Office for Migration and Refugees (BAMF), which falls under the jurisdiction of the Ministry of the Interior.

Group 32 is positioned within the Directorate-General 3 ‘Business processes of asylum, Statistics, Dublin procedure’ of the Federal Office and consists of six divisions: Division 32A is responsible for operational management of the Dublin procedure including Eurodac; Division 32B is responsible for transfer requests and coordination of transfers from Member States; Division 32C coordinates transfers to Member States; and the remaining three divisions (32D (Berlin Dublin Centre), 32E (Bochum Dublin Centre) and 32F (Bayreuth Dublin Centre)) coordinate transfer requests to Member States, Dublin notices, apprehensions and detentions.

Competencies of the entity:

Stakeholders involved in the procedure:

In the regular procedure, all asylum seekers receive information on the Dublin Regulation. The common information leaflet under the Commission implementing Regulation (EU) no. 118/2014 is currently being implemented. The same information leaflet is distributed by the Federal Police at border zones. A specific information leaflet for children is also provided. Generally, the information is available in the main language of the applicant.

In accordance with Section 12a of the Asylum Act, an independent asylum procedure counselling is provided by non-governmental organisations. It can include legal counselling and is open to all protection seekers, including persons in the Dublin procedure. The counselling is free of charge and the participation is voluntary. The representation in court is not covered by the asylum procedure counselling. If applicants decide to appeal a transfer decision of the Federal Office, they may apply to the court for legal aid.

Organisation of the interview: A separate personal interview is conducted for the determination of the responsible Member State. This is usually carried out shortly after the registration interview. The Dublin interview is documented in a written transcript.

Persons present during the interview: Case officers of the Federal Office are responsible for conducting the personal interview; an interpreter is also present during the interview.

Applicants are notified about the transfer decision by the Federal Office. If Germany is found responsible, no formal decision is made, but reasoning regarding the Dublin procedure is included in the decision on international protection. If another Member State is found responsible and the applicant has not applied for international protection, only a decision on transfer is made. If the applicant has instead applied for international protection, then the decision concerns both inadmissibility and transfer. Dublin decisions are provided in written form to the asylum seeker. They contain information about possible legal remedies, particularly regarding the option to file a request for a suspensive effect with a Regional Administrative Court in order to halt the transfer until a court decision is reached.

The Dublin Unit of the Federal Office is responsible for organising transfers, while the actual enforcement of the transfer falls under the responsibility of the Aliens Authorities and the Federal Police. This also includes setting a date for the transfer.

Transfers are usually carried out as escorted returns.

The transfer must take place within six months after receiving the acceptance notice from the Member State. If the individual in question is in custody, the transfer period is 12 months. If the individual in question has absconded, the transfer period is 18 months. If a request for a suspensive effect has been filed with the court, the transfer period is interrupted until a court decision is reached.

There are no provisions in the national legislation specifically addressing children and unaccompanied minors. The provisions of the Dublin III Regulation, particularly Art. 6 and Art. 8, are applied directly. However, national guidance notes outline the procedure for assessing the best interests of the child, which involves local Aliens Authorities and the Youth Welfare Service. These guidance notes are classified ‘for internal use only’ and cannot be disclosed. They stipulate that a personal interview must always be conducted with an unaccompanied minor. When the unaccompanied minor has a family member or relative who is legally present in another Member State, the Federal Office has to obtain the consent of both parties: the unaccompanied minor and the family member or relative. The Federal Office must determine whether the family member or relative can take care of the child before reuniting the minor with them.

The representatives appointed for unaccompanied minors for the international protection procedure remain the same throughout the Dublin procedure. They participate in the Dublin personal interview and are involved in assessing the best interests of the child.