of the Dublin II regulation. The provisions detail various rights for asylum seekers,
such as:
•
Right to personal interview.
Asylum seekers are entitled to a personal interview to help determine the
member state responsible for processing an applicant’s claim.331
Member states are not required to conduct this interview if the “applicant has
absconded” or the applicant has already provided the relevant information
to the responsible member state.332
This interview must be conducted in a language in which the applicant is
able to communicate, and an interpreter will be provided if necessary.333
•
Right to information.
Member states are under a clear obligation to inform the asylum seeker of
the Dublin III Procedure.334
Asylum seekers are entitled to receive a timely written summary of the
personal interview from the Member State which conducted the interview.335
•
Creation of appeals process.
Applicants are entitled to appeal an unfavorable transfer decision before a
court or tribunal subject to the terms of the Dublin III Regulation.336 This
right to appeal shall extend for a reasonable period of time.337
Applicants have the right to remain, for a “reasonable period of time,” in the
member state during the appeals process.338
Applicants have the right to free legal assistance if they are unable to
afford such assistance.339 Free legal assistance includes, at a minimum, “the
preparation of the required procedural documents” as well as representation
during the appeal.340 However, member states may refuse to provide free
assistance if the claim has “no tangible prospect of success,” so long as this
determination is not made in an arbitrary manner.341
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All EU member states adhere to and apply the Dublin Regulation, along with
Norway, Iceland, Switzerland, and Liechtenstein.342
331
Ibid., chap. 2, Article 5(1).
Ibid., Article 5(2).
333
Ibid., Article 5(4).
334
Ibid., Article 4.
335
Ibid., Article5(5).
336
Ibid., chap. 4, Article 27(1).
337
Ibid., Article 27(2).
338
Ibid., Article 27(3).
339
Ibid., Article 27(6).
340
Ibid.
341
Ibid.
342
European Court of Human Rights, Press Unit, Factsheet – “Dublin” cases, July 2014 http://www.
echr.coe.int/Documents/FS_Dublin_ENG.pdf, fn 1.
332
The 1951 Refugee Convention and Article 1D
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