Fact Sheet on the Dublin Convention

Fact Sheet on the Dublin Convention

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Under the Dublin Convention, individuals must make their application for asylum in the first EU country that they enter. Since its entry into force in 1997, this Convention has proved to be unworkable. Efforts are being made at EU level to revise the Convention; however, in reality, the proposed changes largely retain the substance of the original agreement. This Fact Sheet outlines the some of the challenges which are inherent in the Dublin Convention procedures and puts forward recommendations for reform.

What is the Dublin Convention?

The Dublin Convention is essentially a mechanism for determining which Member State of the European Union is responsible for examining an application for asylum lodged in one of the contracting States. Asylum seekers must lodge their application for asylum in the first EU country in which they arrive and may be returned to another EU Member State if it can be shown that they have either passed through the border of another State (by air, sea or land) or made an application for asylum in another Member State.

NB It should be noted that the Dublin Convention is a feature of European Union law and not a duty arising from international law and it is not part of the Geneva Convention.

What is the purpose of the Dublin Convention?

According to the Irish Government, the Dublin Convention has the following aims:

Essential to the creation of a common European asylum system — the Dublin Convention is regarded as an integral aspect of the harmonisation of asylum policies in the EU.
Avoiding “Asylum Shopping” — the criteria laid down in the Dublin Convention aim to remove the alleged risk of “asylum shopping,” where an asylum seeker claims asylum in a number of EU States. This term relates also to the perception that asylum seekers may choose one EU Member State over another on the basis of a higher standard of reception conditions or social security assistance.
Removing the Potential for “Asylum Seeker in Orbit” Situations — it also seeks to ensure that there is no potential for “asylum seeker in orbit” situations, whereby an asylum seeker is transferred between States with no State willing to take responsibility for examining his/her claim.