Determining the Member State responsible for an asylum application

The Asylum and Migration Management Regulation (AMMR) aims to create a fair and effective solidarity and responsibility system to manage migration across the EU. To achieve this goal, the regulation:

• Clarifies the responsibility criteria provided for in the Dublin III Regulation: It simplifies the process for determining which EU+ country is responsible for assessing an asylum application, ensuring that each application is examined by only one country.
• Introduces a permanent, mandatory and flexible solidarity mechanism: It establishes a flexible, needs-based system to ensure a fairer sharing of responsibility among EU countries.

Clear responsibility criteria

The AMMR replaces the Dublin III Regulation and introduces new rules for determining which EU+ country is responsible for examining an asylum application.   

Key changes include:  

• Shorter deadlines and simplified procedures: Authorities must determine the EU+ country responsible for examining an application for international protection within shorter timeframes. The procedure starts immediately after the asylum application is registered. Take charge requests, for instance, must be submitted within 2 instead of 3 months, with a reply required within one month. Other relevant deadlines have also been shortened including particularly when applicants have been detained. The take-back procedure always applies when there is a previous application registered in another EU+ country, with stricter timelines for submission and confirmation (2 weeks each). Transfer decisions must also be issued within 2 weeks. This ensures that the determination procedure is streamlined under the Regulation, making it faster and more efficient.  
• General obligation to apply in the EU+ country of first entry: Applicants must apply for international protection in the first EU+ country which they enter, with exceptions for those with valid visas or residence permits. Applicants must remain in that EU+ country until a decision is reached, or until they are transferred to another Member State by the respective authorities. Non-compliance with this obligation may have a negative impact on the applicant’s access to work or material reception conditions during the procedure. 
• Stricter rules for preventing absconding: The timelines for carrying out a transfer in case the person absconds or fails to comply with the transfer decision are extended from 18 months to three years. If the applicant absconds before the process of determining the Member State responsible is finalised, the process will be continued in absence on the basis of the available data. If the applicant is not present in the Member State in which they need to be according to the new rules, they will not be entitled to most of the reception conditions that they would receive in the responsible Member State, including the right to work and, in certain cases, the freedom of movement.

Reinforcing safeguards for applicants and family unity

• Right to information: Applicants have the right to receive more information about the application of responsibility criteria. This also includes the template to facilitate family reunification;
• Free legal counselling: Applicants have the right to be granted legal counselling free of charge in the procedure for determining the EU+ country responsible;
• Family unity: Rules aimed at preserving family unity have been strengthened; 
• Protection of minors: Transfers deemed not to be in the best interests of a child will not take place, and unaccompanied minors will be assisted by a representative throughout the procedure.