What is the Dublin agreement and how does it work?
last update november 2018
According to the Dublin agreement, people have to apply for asylum in the country where they first entered Europe. If you travel from Spain to another EU country and apply for asylum there, you will probably be threatened with deportation to Spain under the Dublin agreement. Being threatened with a Dublin deportation doesn’t have to mean that you will definitely be deported. There are a lot of people who have resisted the threat of deportation and who have, in the end, applied for asylum in their chosen country. It’s important to look for support networks that will help you to resist the Dublin agreement. You can find many groups and contacts from many countries at this website.
According to the Dublin agreement, you cannot be deported back to Spain if you haven’t applied for asylum for 12 months since you have arrived in Spain, because then Spain is not responsible for your application.
Attention: Sometimes the authorities will take your fingerprints without asking to register you as asylum seeker. Even if you don’t claim asylum this still means that Spain is responsible for your asylum application. If you claim asylum in another country they will likely try to deport you to Spain.
You arrived from another European country and you want to claim asylum in Spain
You can claim asylum. According to European law, known as the Dublin system, you have to apply for asylum in the country where you entered the EU. Actually, this law is not often applied in Spain, but if it is applied to you, then read more here.
You have been deported to Spain by the Dublin agreement. What can you do?
If you are deported back to Spain against your will, you have the option to go back to the european country of your choice by yourself. If you decide to stay in Spain, it is difficult to get back into the Spanish social welfare system once you have left it. You should consult a lawyer who can inform you of the current state of your asylum procedure. With their help you can fight to get back into the social welfare system. If you never applied for asylum, the first time you were in Spain, you can apply for asylum to get a legal status (- chapter 4: Apply for Asylum in Spain).
If your application is denied you can appeal within 30 days against this decision or apply for asylum again with the help of your lawyer.
Remember: If after your return to Spain you can’t get back in to the Spanish welfare system you can contact with València és refugi (info@valenciaesrefugi.org, tel: 0034-657789133). They work explicitly with people who have fallen out of the official aid system.
Attention: Don’t forget your civil registration (- chapter 3.1. Empadronamiento) and make sure that you are still registered because it will help you with other forms of legalization.