1. Scope and participating States
The Regulation applies in all 27 EU Member States plus Norway, Iceland, Switzerland and Liechtenstein. It governs only the question of which State examines the claim — never the substance of the asylum claim itself. A Dublin decision is therefore not a rejection of protection; it is an allocation decision that can be challenged on its own terms.
2. Hierarchy of responsibility criteria
The criteria in Chapter III apply in strict order, based on the situation at the moment the first application was lodged (Article 7(2)):
| Article | Criterion | Practical effect |
|---|---|---|
| 8 | Unaccompanied minor | State where a family member, sibling or relative is legally present; otherwise the best interests of the child |
| 9 | Family member with protection status | That State becomes responsible with written consent |
| 10 | Family member with a pending claim | Joins the claim in that State |
| 11 | Family applying simultaneously | Keeps the family together in a single procedure |
| 12 | Visa or residence document | Issuing State is responsible |
| 13 | Irregular entry | State of first irregular entry, for 12 months only |
| 16 | Dependency | Family reunification for dependent persons |
| 17 | Discretionary / humanitarian clause | Any State may assume responsibility |
Article 3(2) adds the safety valve: where a transfer to the designated State is impossible because of systemic flaws in its asylum procedure or reception conditions, the determining State must examine the other criteria and, failing that, examine the claim itself.
3. EURODAC evidence
A CAT-1 hit records an asylum application, a CAT-2 hit records apprehension after irregular border crossing. Both are indicative evidence under the Implementing Regulation, not conclusive proof. A CAT-2 hit older than twelve months no longer establishes responsibility under Article 13(1), and gaps in the chain of evidence must be argued expressly in the appeal.
4. Deadlines at a glance
| Step | Time limit | Article |
|---|---|---|
| Take charge request | 3 months (2 months after a EURODAC hit) | 21(1) |
| Reply to a take charge request | 2 months (1 month if urgency invoked) | 22 |
| Reply to a take back request | 2 weeks (1 month without EURODAC) | 25 |
| Execution of the transfer | 6 months | 29(1) |
| Detention-related transfer | 6 weeks | 28(3) |
| Extension for imprisonment / absconding | 12 / 18 months | 29(2) |
| Cessation after 3 months outside the EU | Responsibility ends | 19(2) |
5. Transfer procedure
Once the requested State accepts, the determining State notifies a transfer decision that must state the reasons, the remedy available and the time limit for using it (Article 26). Transfer can be voluntary, supervised or escorted (Implementing Regulation 1560/2003, Article 7). Health data must be exchanged with a common health certificate before the transfer where the person has special needs.
6. Appeals under Article 27
Article 27(1) requires an effective remedy in the form of an appeal or review, in fact and in law. The applicant may request suspension of the transfer under Article 27(3); where national law does not grant automatic suspension, the court must be able to suspend. In Ghezelbash (C-63/15) andKarim (C-155/15) the CJEU held that an applicant can invoke the misapplication of the responsibility criteria and the expiry of time limits before a national court.
7. Leading case law
- M.S.S. v Belgium and Greece (ECtHR, 30696/09) — transfers to a State with degrading reception conditions violate Article 3 ECHR.
- Tarakhel v Switzerland (ECtHR, 29217/12) — individual guarantees are required before transferring families with children.
- C-163/17 Jawo — severe material deprivation after transfer breaches Article 4 CFR; absconding must be defined narrowly and by law.
- C-201/16 Shiri — the applicant may rely directly on the expiry of the six-month transfer period.
- C-578/16 PPU C.K. — serious illness can make a transfer unlawful even without systemic deficiencies.
If you have received a transfer decision, the appeal window is often only one week. Use the assistant or generate a fully reasoned appeal document before the deadline expires.