2.4. Appeal
Indicators: Dublin: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the Dublin procedure?
Yes
No
❖ If yes, is it
Judicial
Administrative
❖ If yes, is it suspensive
Yes
No
According to the Asylum code, applications for international protection are declared inadmissible where
the Dublin Regulation applies.347 An applicant can lodge an appeal before the Independent Appeals
Committees under the Appeals Authority against a first instance decision rejecting an application as
inadmissible due to the application of the Dublin Regulation within 15 days. 348 Such an appeal can also
be directed against the transfer decision, which is incorporated in the inadmissibility decision. 349
2.5. Legal assistance
Indicators: Dublin: Legal Assistance
Same as regular procedure
1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a Dublin decision in
practice?
Yes
With difficulty
No
❖ Does free legal assistance cover
Representation in courts
Legal advice
Access to free legal assistance and representation in the context of a Dublin procedure is available under
the same conditions and limitations described in Regular Procedure: Legal Assistance. No state funded
free legal aid is provided in first instance, including Dublin cases. The same problems and obstacles
described in the regular procedure exist in the context of the Dublin procedure, with NGOs trying in
practice to cover this field as well.
As concerns family reunification cases, limited access to legal assistance affects the right preparation of
the case file as it’s the applicant who bears the responsibility for submitting the required documents for
the Dublin Unit to establish a take charge request, such as proof of family links. Nevertheless, in GCR’s
experience the Dublin Unit officers make every effort to notify applicants on time for the submission of
any missing document before the expiry of the deadline.
2.6. Suspension of transfers
Indicators: Dublin: Suspension of Transfers
1. Are Dublin transfers systematically suspended as a matter of policy or jurisprudence to one or
more countries?
Yes
No
❖ If yes, to which country or countries?
To the knowledge of the GRC, there is no suspension of transfers to any Member State in either policy
or jurisprudence.
347
348
349
Article 89(1) (b) asylum code
Article 97 () (d)(i) asylum code
Ibid.
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