ECRE member Pro Asyl takes a hard look at the functioning of the Dublin regime. Through a range of case-studies, the report highlights some of the key weaknesses and gaps in the system, including the transfer of asylum seekers back to Member States where asylum procedures are deficient or refugee rights are not respected, inadequate protection for unaccompanied minors, the need to guarantee freedom of movement for persons with refugee or subsidiary protection status following completion of the asylum procedure, and the lack of adequate legal remedies to appeal transfer decisions.
Pro Asyl calls for a fundamental revision of the Dublin Regulation. Rather than submitting asylum seekers to transfers, delays and instability until they can apply for asylum in the “responsible State”, explains Pro Asyl, asylum seekers should be able to choose where they apply for asylum, with Member States sharing the financial burden.
Until such a change can be enacted, Pro Asyl calls for several measures, including greater use by States of the sovereignty clause, the right to freedom of movement within the Union for recognized refugees, as well as the right to unity of the family. Greater protection for unaccompanied minors must also be assured, with decisions and procedures guided by the best interests of the child. In addition, applicants should have access to adequate legal remedies to appeal decisions made under Dublin. Finally, transfers should only be made to States with compliant asylum procedures and which guarantee the rights of refugees.
Read the report (in German):