ASYLUM FOR SECOND TIME IN ANOTHER EU COUNTRY

[adaminbiri2000]

Dear Ladies and Gentlemen!
İ i have really really very important questions, and i really really would be so happy if u could answer my questions and help me.

My situation is i am a thirth country citizen,i left my home country in year 1992 becouse of of politicle bad situation for me in my home country.
And i applyied for asylum in Germany i lived there 10 years till my application for asylum was denied. And i have been depurtured from Germany in the year 2002. But now becouse of politicle bad situation against me in my own home country i am planing to to apply in a safe europen country for asylum again. When i apply again for asylum in an eurpean or shengen country will they send me to Germany becouse my first application for asylum has been in Germany?
Or will the EU country refuse my application right away and deport me becouse it s been refused one time by Germany?
İf is it so, is it so in all EU and shengen countries?
Thank u very much if u can answer me this coution?

[Brigid from Ireland]

It depends partly on your country of origin.

For example, if you are from Syria, and it was found you were not a refugee in 2002, then that has now changed and if you can travel to Europe now, it is likely that you would be considered a refugee.

There is a strong likelihood that you would be returned to Germany for them to process your application, if you make an application for asylum. I suspect that is why many people do not make any application for asylum.

I am aware of people living in Ireland who are non-EU and here illegally. Most manage to make a living wage, but they have problems if they need hospital healthcare, education for illegal immigrant children or social welfare (not entitled to any of these). There are now several cases of children born in Ireland to two parents, both illegal immigrants, who cannot attend primary school.

[sheraz7]

Dublin II Regulation

This Regulation establishes the principle that only one Member State is responsible for examining an asylum application. The objective is to avoid asylum seekers from being sent from one country to another, and also to prevent abuse of the system by the submission of several applications for asylum by one person.

[Allebeide]

SUMMARY

This Regulation establishes the principle that only one Member State is responsible for examining an asylum application. The objective is to avoid asylum seekers from being sent from one country to another, and also to prevent abuse of the system by the submission of several applications for asylum by one person.The objective and hierarchical criteria are therefore defined in order to identify the Member State responsible for each asylum application.CriteriaThe criteria are to be applied in the order in which they are presented in the Regulation and on the basis of the situation existing when the asylum seeker first lodged his/her application with a Member State.

Thank you both very much for your reply! I have readen the regulation but still dont understand it yet very good, and didn't find the right answer for my question. I understand only one member staate is responsible for examine the asylum application. But dint find the right answer to my question. Can u pls help me and answer me my question if u know it! My question is; I applied in 1993 for asylum in Germany which is a EU memer staate and schengen staate. My application has been senied in year 2000. And I have been deported from Germany. So this application has been determined and closed. Now I am talking about a new application in an other member staate when I lodge a new application mayl this member staate send me to Germany to let my examed by Germany, becouse I have had a refused application for asylum many years ago? Thank you very much if someone can answe my question.

[sheraz7]

Ask yourself that your asylum application has been refused in Germany and you have been removed from there which means you have no status there then why the other member country will send back you there.

[adaminbiri2000]

Hi, sherz7!

Ask yourself that your asylum application has been refused in Germany and you have been removed from there which means you have no status there then why the other member country will send back you there.

i accually understand it but what i can nt understand is:

Criteria

The criteria are to be applied in the order in which they are presented in the Regulation and on the basis of the situation existing when the asylum seeker first lodged his/her application with a Member State.

İ first time lodged my application with Germany in year 1993 before it has been refused and i have been deported.
When i lodge my application with an other Memberstate now does it mean the first time is the application which i had lodged with Germany in year 1993 which has been refused, or When i apply now does it mean that s a new start new application and this new Member State is responsible to exam my application?
Please help me it s difficoult to understand that all its very importent for me! thanks!

[sheraz7]

Although I have no exact clue/information about it but most often previous immigration history/locations/residences always need to be clearly and truly mentioned in future applications. And hiding/falsifying any material information always lead to severe consequences. Remember, under SCHENGEN INFORMATION SYSTEM member states do share the information among each other about individuals.

[adaminbiri2000]

İ still got no answer to my quaestion.

[sheraz7]

You won't be sent back to Germany.

Schengen Information System

"The Schengen Information System (SIS) was established as an intergovernmental initiative under the Schengen Convention, now integrated into the EU framework. It is used by border guards as well as by police, customs, visa and judicial authorities throughout the Schengen Area. It holds information on persons who may have been involved in a serious crime or may not have the right to enter or stay in the EU. It also contains alerts on missing persons, in particular children, as well as information on certain property, such as banknotes, cars, vans, firearms and identity documents, that may have been stolen, misappropriated or lost. Information is entered into the SIS by national authorities and forwarded via the Central System to all Schengen States. The SIRENE Manual lays down the procedures for EU States' exchanges of supplementary information on alerts stored in SIS".

http://ec.europa.eu/dgs/home-affairs/wh ... dex_en.htm

[adaminbiri2000]

Thank u sharez7! for ur help,
But Shengen and Dublin 2 Regulations are 2 different things.
İt says:

Criteria

The criteria are to be applied in the order in which they are presented in the Regulation and on the basis of the situation existing when the asylum seeker first lodged his/her application with a Member State.

Illegal entry or stay in a Member State
Where the asylum seeker has irregularly crossed the border into a Member State, that Member State will be responsible for examining the asylum application. This responsibility ceases 12 months after the date on which the border has been illegally crossed.

When the asylum seeker has been living for a continuous period of at least five months in a Member State before lodging his/her asylum application, that Member State becomes responsible for examining the application. Where the applicant has been living for a period of time of at least five months in several Member States, the Member State where he/she lived most recently shall be responsible for examining the application.

Legal entry in a Member State
Where a third-country national applies for asylum in a Member State where he/she is not subject to a visa requirement, that Member State will be responsible for examining the asylum application.

Dublin 2 says those. it says first State. But what i cant understand do they mean with first state all the first state were i ever entered, applied for Asylum or do they mean now the state were i will be enter?

thats the difficoult to understand.

How and why do u think i would nt be deported to Germany? Where do u have source of this information? İf u got any source of information can u also let me know the source aswell? thank you!

[Universal soldier]

Respectful guru is very right. What you not listening/understanding is that you have been removed from Germany means banned there and your application has already decided.Immigration authorities raided my friend home sometime ago and one tenant was illegal in uk but his asylum application was in process in Belgium but not decided. So they sent him to Belgium. In your case you may be sent back to your country once authorities will fully trace your identity but definitely not sent back to Germany to get fine from German authorities for sending illegal person.