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Dublin deadline

When you have officially asked for asylum, the BAMF looks for your fingerprints all around Europe in the EURODAC database.

The BAMF will check, whether you must return to another European country,

  • if you were already in another European country and were registered there
  • if you already asked for asylum in another European country

  • if you came to Germany with the Visa from another European country

Germany then has 6 months time to deport you to this country (it can be extended to 18 months). That is the “Überstellungsfrist” = transfer period.

Please go to the Caritas refugee counselling in Bayuwarenstraße before your Dublin deadline.

They can check your documents and tell you what to do next. If you have a lawyer, they can also work together and exchange information.

The BAMF decided during the Corona pandemic to pause the transfer period to other European countries.

The BAMF says that means every Dublin transfer period did not continue, but was interrupted. So your Dublin deadline was moved to a later date.

  • That is not always legally right.

    • If you already got your Dublin notice and already took legal action against this (“Eilantrag” = urgent appeal; or “Klage” = appeal), then the BAMF can legally extend your Dublin period.
    • BUT if you did not yet take any legal action against your Dublin case, the BAMF is legally wrong. Then they can not extend your Dublin period.

    • EU law says the BAMF is wrong: The transfer period must end 6 months (or 18 months with extension) after application. (but it is difficult to calculate the deadline alone)

  • For this reason, as soon as your original Dublin period is over, you should apply to the BAMF to cancel the Dublin notice and to start your asylum process in Germany. The counselling or your lawyer can help you with this. To be certain of this claim, you can also apply to the court.

  • If, before Corona, you already appealed against the Dublin notice, it is important to continue with legal advice.

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