Dublin Procedure - Ireland

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Dublin Procedure - Ireland | DIP EUAA

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Ireland is bound by the Dublin III Regulation (AMMR) and applies its provision directly.

Entity responsible for the Dublin procedure (the application of the criteria and mechanisms for determining the Member State responsible): Dublin Unit, International Protection Office | An Oifig Um Choisant Idirnáisiúnta

Place in the institutional framework: The Dublin unit belongs to the International Protection Office of the Department of Justice, Home Affairs and Migration.

Competencies of the entity:

YesConducting the Dublin interview (specifically for the Dublin procedure, as part of the registration interview or handling the form to be completed during registration)
YesOrganising Dublin incoming transfers only
YesNotifying the transfer decision
NoAccompanying/escorting applicants during a Dublin transfer
YesSending and replying to take charge and take back requests to/from other Member States
NoReceiving applicants transferred under the Dublin procedure (meeting applicants at the airport/border crossing)
YesSending and replying to information requests to/from other Member States

Stakeholders involved in the procedure:

Handing over the common leaflet on the Dublin procedureInternational Protection Office | An Oifig Um Chosaint Idirnáisiúnta
Conducting the Dublin interview (specifically for the Dublin procedure, as part of the registration interview or handing the form to be completed during registration)International Protection Office | An Oifig Um Chosaint Idirnáisiúnta
Referral of cases to the Dublin unitInternational Protection Office | An Oifig Um Chosaint Idirnáisiúnta
Sending and replying to a take charge or take back request

Dublin Unit, International Protection Office | Aonad Bhaile Átha Cliat - An Oifig Um Chosaint Idirnáisiúnta 

Immigration Service Delivery | Seachadadh Seirbhísí Inimirce

Sending and replying to information requests to/from another Member StateDublin Unit, International Protection Office | An Oifig Um Chosaint Idirnáisiúnta
Notification of the transfer decisionDublin Unit, International Protection Office | An Oifig Um Chosaint Idirnáisiúnta
Free legal assistance during the appeal of a transfer decisionLegal Aid Board | Bord um Chúnamh Dlíthiúil
Representation of the asylum authority in an appeal against a transfer decisionInternational Protection Office | An Oifig Um Chosaint Idirnáisiúnta
Organising the transfer to the responsible Member StateImmigration Service Delivery I Seachadadh Seirbhíse Inimirce
Providing information on the transfer modalities to the applicant

Repatriation Division, Immigration Service Delivery I Seachadadh Seirbhíse Inimirce 

Garda National Immigration Bureau | An Garda Síochana

Accompanying/escorting applicants during a Dublin transfer when necessaryGarda National Immigration Bureau | An Garda Síochana
Receiving applicants transferred under the Dublin procedure (meeting applicants at the airport/border crossing)

Border Management Unit | An Taonad Bainistíochta Teorann

Immigration Service Delivery I Seachadadh Seirbhíse Inimirce Irish Child and Family Agency (Tusla)

Court/authority responsible for deciding on an appeal against a transfer decisionInternational Protection Appeals Tribunal | An binse um achomharic i dtaobh cosaint idirnáisiúnta

A series of leaflets are provided by the International Protection Office about the Dublin III Regulation including:

The leaflets are made available where applicants apply for international protection and complete their registration form. They are also available on the IPO website. When possible, the leaflets are made available in the applicant’s mother tongue.

When applicants are invited to an interview they have the option of having an interpreter or cultural mediator present, during which the Dublin III Regulation will be explained again.

 

Applicants have access to legal assistance at first instance in the Dublin procedure, as well as in the appeal stage against a Dublin decision, which covers legal advice and representation in the interview. An applicant who is subject to the Dublin III Regulation may access legal information through the Legal Aid Board for a fee of EUR 10. Information on the role of Legal Aid Board Private Practitioners when it comes to legal advice is published on their website and shows that it also applies in the context of the Dublin procedure. This assistance also applies to the appeal where legal representation is available.

 

Organisation of the interview: A separate Dublin personal interview is conducted if there are indicators that the applicant may fall under the Dublin III Regulation. Article 5(1) of the Dublin III Regulation specifies that the determining Member State gives the applicant an opportunity for a personal interview before any decision is taken to transfer the applicant to the responsible Member State. A personal interview can be omitted if certain conditions apply (Article 5(2)).

There is no recording made of the personal interview. A written summary of the personal interview is provided (Article 5(3)) and the applicant is given the opportunity to comment or correct it as required. Once this process is complete, the applicant signs the interview summary and this signed document is uploaded onto the applicant’s digital file.

Persons present during interview: The interview is conducted by case officers of the Dublin Unit of the International Protections Office, in the presence of an interpreter. The applicant’s legal representative may also be present during the interview.

If another Member State is found to be responsible for examining an application and it is agreed between Ireland and the requested state that the application should be transferred to that state, the applicant is informed in writing of the proposed transfer. The transfer decision is only taken and issued to the applicant by the Dublin Unit.

The applicant and their legal representative if applicable receive the notification of the transfer decision (Article 26 Dublin III Regulation). They also receive an appeal letter which outlines their right to an effective remedy (Article 27 Dublin III Regulation). In addition, the applicant receives a copy of the notification to the minister of the transfer decision, as per statutory instrument No 62/2018.

Competent authority/courtThe International Protection Appeals Tribunal
Deadline for review/appeal10 days from the date of the transfer decision (in exceptional cases the appeal deadline may be extended e.g. if the applicant can demonstrate good cause like a medical emergency)
Deadline for decision on the review/appealA deadline is not in place
Suspensive effect of the review/appealThe appeal has an automatic suspensive effect

 

The transfer of an applicant is arranged by the Irish Naturalisation and Immigration Service (INIS) of the Department of Justice and Equality. The transfer takes place as soon as is practicably possible and is subject to the procedures and deadlines set out in the Dublin III Regulation.

Under Article 29(1), the transfer of an applicant to the responsible Member State takes place within 6 months from the date of acceptance. Under Article 29(3) this timeline can be extended by up to 18 months.

The transfer is automatically suspended during an appeal procedure. Upon conclusion of the appeal, the transfer period restarts, with the countdown resuming from zero. This ensures that the Member State has the full prescribed period to carry out the transfer following the resolution of any legal challenges.

The International Protection Office notifies the INIS of the transfer decision with a view to making arrangements for the transfer of the applicant to the Member State responsible.

For applicants with special needs, permission is sought from the applicant to share their medical information with the relevant Member State. This information is shared through the standardised Medical Transfer Form, as per Annex II of the Implementing Regulation (EU) No 118/2014.

 

Assessment of the best interests of the child: The International Protection Office consults the Child and Family Agency (Tusla) about specific guarantees for children in the Dublin procedure. The consultation is related to the best interests of the child, particularly with respect to the child’s well-being, social development and views of the child.

Legal guardian: Section 12 of the International Protection Act 2015 sets out the provisions for unaccompanied minors in the asylum process. It covers the appointment of a legal guardian for unaccompanied minors, the guardian’s duty to represent and support the minor, and to act in the best interests of the child.

Detection of potential family reunification cases: Article 9 of the Dublin III Regulation outlines that Member States must make all reasonable efforts to detect family links early in the asylum procedure.