The state of destination can transfer an asylum seeker to the state of first entry, which
the Dublin system regards as “responsible” for examining the claim for asylum. The
EURODAC fingerprint database makes such transfers possible.21 Member states
fingerprint asylum seekers and then cross reference the fingerprint with the EURODAC
system to determine whether the person previously entered another state.
Transfer is not mandatory, however. Article 3(2) of Dublin II, called the “sovereignty
clause,” permits a state to maintain responsibility for an asylum claim, even if under the
regulation that individual could be transferred elsewhere. In April 2008, UNHCR called
on European states to utilize this sovereignty clause and not return asylum seekers to
Greece.22 UNHCR was heavily critical of the Greek asylum system. It concluded that
there was no meaningful assessment of an asylum seeker’s claim in Greece, saying that
asylum seekers in that country “often lack the most basic entitlements, such as
interpreters and legal aid, to ensure that their claims receive adequate scrutiny from the
asylum authorities.”23
UNHCR raised concerns about the so-called “interrupted” procedure. Under Greek
asylum law at that time,24 where an asylum seeker had commenced a claim but did not
continue with it—for example, by leaving Greece for another European country—Greece
could regard the claim as “interrupted” and close it without further review. Dublin
returnees were unable, therefore, to renew their asylum claims after being transferred
back to Greece. Thus Greece completely subverted the supposed purpose of the Dublin
system: The Dublin system returned asylum seekers to Greece on the assumption that
Greece was responsible for examining their claims, but Greece refused to examine their
claims because they had left Greece to seek asylum in another European country.
21
Established by Council Regulation (EC) No 2725/2000 of December 11, 2000 concerning the establishment of ‘Eurodac’ for
the comparison of fingerprints for the effective application of the Dublin Convention; OJ, L 316, December 15, 2000
(“EURODAC”), http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000R2725:EN:HTML (accessed September 24,
2008). Dublin II requires each member state to fingerprint all aliens who enter illegally and all asylum seekers over the age of
14.
22
UNHCR, “UNHCR Position on the Return of Asylum-Seekers to Greece under the ‘Dublin Regulation,’" April 15, 2008.
23
Ibid., para. 17.
24
Presidential Decree No. 61/1999, Refugee Status Recognition Procedure, Revocation of the Recognition and Deportation of
an Alien, Entry Permission for the Members of his Family and Mode of Cooperation with the United Nations High Commissioner
for Refugees; published in the Official Gazette No. 63(A) April 6, 1999. See Article 2(8) on “interrupted” claims.
Stuck in a Revolving Door
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