“Dublin” appeals arise under the Dublin III Regulation: Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013. This is given effect in Irish law by the European Union (Dublin System) Regulations 2018, SI No. 62 of 2018, which came into operation on 9 March 2018.

The Dublin III procedure is commenced when it is believed that an applicant may have claimed international protection in another country and the Irish authorities have reason to believe that this other country might be responsible for examining the person’s claim. Until it has been decided which country is responsible, the Irish authorities will not consider the detail of the person’s claim, that is, their reasons seeking international protection.

If an applicant believes that Ireland is responsible for their protection claim, they may appeal the decision to transfer them to the other country to the International Protection Appeals Tribunal.

Appeals must be submitted within 10 working days from the date of the sending of the notification of the transfer decision to the applicant (Regulation 6(2)(a) of the European Union (Dublin System) Regulations 2018. The appeal will solely focus on deciding which country is responsible for the consideration of the applicant’s international protection claim.

The applicant will have an opportunity to put forward their claim for protection at the conclusion of the Dublin III procedure. The appeal before the Tribunal is a full appeal in fact and in law and the appellant may request an oral hearing. If their appeal is successful, Ireland will consider their claim. If it is not successful, they will be transferred to the responsible EU Member State and their claim will be considered there.

Legal aid is available for these appeals; more information about this is available on our How To Appeal page.