2. Dublin
2.1.
General
Dublin statistics: 1 January – 31 December 2025
National data regarding requests in the Dublin procedure since 2021 are not available at the time of writing
of the report. There were a total of 1,212 outgoing transfers carried out in 2025. 476
GCR does not currently have information regarding the practice of all Member States following the CJEU
ruling in the Mengesteab case and CJEU judgment in C-47/17 and C-48/17, and GCR’s request for
relevant information for 2023 from the MoMA was not answered. According to information provided by
other organisations present in Greece, in 2024 German and Austrian authorities continued to consider
that the time runs from the day of the informal request for asylum.477 The same applies for Germany during
2025.478
Based on GCR’s and other organisations’ experience, during 2022, as in previous years, there were
specificities in the handling of cases based on the Member State the outgoing request is addressed to.
Specifically, the Greek Dublin Unit submits all take charge requests within the three-month time limit
foreseen in the Regulation.479 The time starts from the moment an application for international protection
is officially registered with the Asylum Service. However, the German authorities, following the ruling of
the CJEU in the Mengesteab case on 26 July 2017480 consider that the three-month time limit for sending
a request to another country starts when the intention to apply for asylum is expressed; formal registration
of the application with the Asylum Service is not required. To avoid rejection letters based on this
argument, the Greek Dublin Unit tries to send the take charge requests within three-months from the
expression of the intention to apply for asylum. 481
Regarding family reunification cases, if the Greek Dublin Unit is not informed within three months following
the expression of the intention to apply for asylum, but is informed within three months from the registration
of the asylum application, it sends the take charge request to the German authorities under the nondiscretionary Articles (8, 9, 10), this request will meet the time limit set out in the Regulation.
Furthermore, some Member States’ interpretation of the CJEU judgment in the Joined Cases C-47/17
and C-48/17482 has resulted in rejections of requests. Following this judgment, the German Dublin Unit
accepts only one re-examination request for each case and refuses to keep cases open even when further
medical tests for the establishment of the family link are pending. The German Dublin Unit claims that
there is no possibility to deviate from the deadlines of the Dublin III Regulation. The Netherlands, France,
Sweden and the United Kingdom are among the Member States which have also followed the same
practice rejecting cases on this ground.
According to GCR’s knowledge, the German authorities continue to implement this judgment. NGOs noted
that, during 2022, Swedish authorities also rejected cases on this ground.
476
477
478
479
480
481
482
It should be noted that Eurostat statistics related to the implementation of the Dublin III Regulation were last
updated in July 2023 and cover the year 2022. According to Eurostat, the next planned statistical update is
scheduled for July 2024 and should, presumably, cover the year 2023. See Eurostat, Statistics on countries
responsible for asylum applications (Dublin Regulation), July 2023, available here.
Information provided by NGOs, valid as of January 2025
Information provided to the author on a Dublin case ealy 2026 by the Dublin Unit case worker.
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the
criteria and mechanisms for determining the Member State responsible for examining an application for
international protection lodged in one of the Member States by a third-country national or a stateless person
(recast).
CJEU, C-670/16, Tsegezab Mengesteab v Bundesrepublik Deutschland, Judgment of 26 July 2017, available
at: https://bit.ly/3MXWEuK.
Based on GCR’s observations from the field.
CJEU, Joined Cases C-47/17 and C-48/17, X v. Staatssecretaris van Veiligheid en Justitie, Request for a
preliminary ruling, Judgment of 13 November 2018, available at: https://bit.ly/2KpcqiA.
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