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 < < < < < < < < 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 63

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