The Dublin III Regulation (604/2013) determines which EU Member State is responsible for examining an asylum application. For LGBTQ+ applicants, the first-entry rule, family unity provisions and humanitarian clause are especially relevant.
Determining the responsible State
As a rule, the first EU country of entry is responsible. However, family unity rules (Articles 9-11), specific protections for minors (Article 8) and the humanitarian/discretionary clause (Article 17) can shift responsibility to another Member State.
LGBTQ+ considerations
Courts in several Member States have suspended Dublin transfers to countries where LGBTQ+ applicants face a real risk of ill-treatment. Always seek specialist legal advice before accepting a Dublin transfer.
Time limits
The take-back/take-charge request must generally be sent within 3 months and the transfer completed within 6 months, otherwise responsibility passes to the requesting State.
