As soon as you have filed your application for asylum, the BAMF will check whether Germany is responsible for your asylum procedure or not. The examination takes place with the help of the Eurodac database. This Europe-wide database stores the fingerprints of asylum seekers and other foreign citizens who enter Europe. The BAMF may also ask you for your travel ticket(s) to examine it as evidence. If the Dublin regulation applies to you, the BAMF will reject your asylum application as "inadmissible" ("Unzulässig"). Then you will be asked to leave Germany or face deportion to the Dublin state responsible for you. In the context of the Dublin procedure, however, this process is called "transfer" ("Überstellung") which is to be distinguished from “deportation”.
To carry out the transfer process, the BAMF has to follow some rules:
1. Germany must make a so-called "takeover request" ("Übernahmeersuchen") to the responsible European state, and they have to do so quickly. There are two deadlines Germany has to observe: the takeover request must be sent no later than two months after the German authorities found your fingerprints in the Eurodac system, or at the latest, three months after your application for asylum has been received by the BAMF. If the authorities do not submit the takeover request on time, Germany will be responsible for your asylum procedure.
2. The other Dublin member state may refuse this takeover request if it is not able to accept your asylum case.
- If you have not applied for asylum in the other European country, in principle, they have two months to respond to the BAMF's request for the transfer. If the other European country does not react within two months, their lack of reaction will be understood as approval and Germany may deport you to the other country.
- If you have already applied for asylum in the other European country, they will have two weeks to one month to respond to the BAMF's request. If they do not react within the deadline, their lack of reaction will be understood as approval and Germany may deport you to the other country.
3. When the deadline expires without any response from the other country or in case the other state approves the takeover request, Germany has six months to send you back there. If you are not deported within six months, Germany will be responsible for your asylum procedure from then on. Attention: If you are imprisoned, Germany will have 12 months to transfer you to the country responsible for your case. And if you prevent the transfer by, for instance, going into hiding, the deadline for your transfer will be extended to 18 months. If you, for example, do not stay in your accommodation centre for over a week and the BAMF learns about it, they may assume that you have gone into hiding.
Please note: When Germany rejects your asylum request as "inadmissible" ("unzulässig"), that does not automatically mean that the other country will also reject your application. In Dublin cases, such a rejection only means that Germany is not responsible for your case- so, your application for asylum will be thoroughly examined in the other European country.