European Communities: Whether under the Schengen Agreement a person can make a second claim for asylum in a member country of the European Communities (EC) once the first claim is rejected in another EC member country, particularly Germany
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 28 August 1998 |
| Citation / Document Symbol | ZZZ29942.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, European Communities: Whether under the Schengen Agreement a person can make a second claim for asylum in a member country of the European Communities (EC) once the first claim is rejected in another EC member country, particularly Germany, 28 August 1998, ZZZ29942.E, available at: https://www.refworld.org/docid/3ae6ab5264.html [accessed 28 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to the Secretariat of the Inter-Governmental Consultation on Asylum, Refugee and Migration Policies in Europe, North America and Australia (IGC),
the country of first asylum principle has been applied between the Schengen countries since March 1995. Since 1 September 1997, the date the Dublin Convention entered into force, it has replaced the Schengen provisions on asylum (1998, 29).
According to the Department of Citizenship and Immigration,
According to the Dublin Convention, finally ratified and implemented in September 1997, making multiple applications for refugee status among EU states is not possible, one state always having the responsibility for a refugee applicant: complex rules determine which state is responsible and the refugee cannot simply assume residence in a state other than the one that has granted him status (16 Aug. 1998).
For the actual legal provisions related to this matter, please consult the full text of the Dublin Convention (full title: "Convention Determining the State Responsible for Examining Applications for Asylum lodged in one of the Member States of the European Communities"), and of the 1990 Convention on the application of the Schengen Agreement (full title: "Convention Applying the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the Gradual Abolition of Checks at their Common Borders), both available in the REFWORLD database.
For commentary on the implications on asylum of the Schengen Agreement and the Dublin Convention in each European country, please consult the World Refugee Survey 1998 report available at Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Department of Citizenship and Immigration Canada, Refugee Branch/Asylum Division, Ottawa. 16 August 1998. Electronic communication.
Secretariat of the Inter-Governmental Consultation on Asylum, Refugee and Migration Policies in Europe, North America and Australia (IGC). 1998. Report on Asylum Procedures. Geneva: IGC.
