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YOU ARRIVED FROM ANOTHER EUROPEAN COUNTRY AS “DUBLINATO”
If this is the case, it means the country you arrived, sent you back to Italy because that country has proved that the first country in which you arrived was Italy, so according to the Dublin Regulation, Italy has to consider your asylum application. However, there are some exceptions, listed in CHAPTER 4 (see below) . You can in any case appeal with the help of a lawyer (including a lawyer from the country that rejected you to Italy).
Until your appeal (ricorso) has been examined and a final decision has been taken, you have the right to stay in the country where you wanted to apply for asylum, without being sent back to Italy. Remember also to inform if you have close relative(s) to have the right to “family reunification”. On our website www.w2eu.info you can find contacts of associations and lawyers in the European country where you are or were that can help you to appeal against your refoulement to Italy.
Sent back to Italy as “dublinato” your situation can be one of the following:
if you didn’t apply for asylum during your first transit or stay in Italy you can follow the regular procedure (see chapter 5 of w2italy guide);
if you have already applied for asylum in Italy, the Territorial Commission in charge of evaluating your application may has:
a) taken a positive decision so you have a permit of stay;
b) taken a negative decision (denial): if you received the notification of the denial and you didn’t lodge the appeal within 30 days you can get an expulsion paper or you can be sent to a CPR (see paragraph 3.2); if not, you can lodge an appeal when you get the notification or in some cases you may request a referral in the deadlines (even if they have expired) if the deed has not been translated into a language that you can understand or have not been properly notified;
c) not yet taken a decision and therefore the procedure continues;
d) set your personal interview but you didn’t go to the appointment so you will be issued a negative decision but you can request the Territorial Commission to have a new appointment for your interview.
IMPORTANT: keep all the documents that you are given when you arrive at the airport (eg Malpensa in Milan and Fiumicino in Rome) and contact immediately one of the associations working in your arrival city to get information and help.
YOU WANT TO GO TO ANOTHER COUNTRY IN THE EUROPEAN UNION
ATTENTION! Remember that according to the law if you apply for international protection in Italy you cannot go to settle in another European country until you have a definitive answer by the Territorial Commission where you have your hearing.
Within the European Union, there is a legislation called the Dublin Regulation, which lays down the rules and procedures for deciding in which country of the European Union an asylum seeker can apply for international protection. The Dublin regulation provides as a general rule that the first EU country in which you have entered and where you have been identified is the country where you must apply for international protection. Read paragraph 3.1. If you are identified using the “simple” procedure, there is the possibility of leaving Italy and applying for international protection in another country of the European Union, without the risk of being sent back to Italy. As soon as you are identified and fingerprinted Italy must examine your application for international protection. Therefore, if you go to another country, you might be forcibly sent back to Italy.
According to the “Dublin Regulation 3” there are the following exceptions:
a) the “sovereignty clause” and the “humanitarian clause” stipulate that, for specific individual situations, the application for international protection must be evaluated not by the first country of arrival, but by the country where the asylum seeker actually wants to apply;
b) if 12 months after your arrival in Italy you have not yet applied for asylum, you do not have to apply in Italy, because Italy is not responsible for your asylum application;
c) if you arrived in Italy, did not apply for asylum and there is evidence that you stayed for at least 5 consecutive months in another country of the European Union before applying for international protection, this country has to examine your application;
d) if a close relative of yours (i.e. husband, wife, father, mother, son/daughter) has already been granted international protection in another country of the European Union, you can apply for asylum in this country asking for family reunification (ricongiungimento familiare). To do so, your relatives have to make a written request to the Italian state; if you are a minor (under 18 years old) you can ask for family reunification in the country of the European union where you have one or more relatives, such as father, mother, brother, sister, son/daughter (minor), uncle, aunt, grandmother.
REMEMBER: if you are transferred back to Italy from another European country in application of the Dublin Regulation it may be very difficult for you to apply for asylum or to find a place in a reception centre. Remember to keep all the documents and papers that are given to you. Among those documents there could be the document of the appointment at the Police Headquarters for the presentation of your asylum application. In any case, we suggest that you contact the contacts listed in CONTACTS section (like the national free number ARCI 800 905 570 and the contacts of the Community Center Diaconia Valdese-Oxfam if you are in Milan) to have more information.
YOU WANT TO GO TO ANOTHER EUROPEAN COUNTRY AFTER OBTAINING THE RESIDENCE PERMIT IN ITALY
If you were recognised refugee status, subsidiary protection or humanitarian protection, and if you have the electronic permit of stay and the travel document, you have the right to move freely within the territory of the European Union (except Denmark, Great Britain and Ireland) without visas for a maximum period of three months but only if you are economically self-sufficient (ie if you have enough money to eat and to pay a place to sleep).
If you have been granted international protection and at least five years have passed from the time you formalised the asylum application, you can request an EU residence permit for long-term residency. If you have this type of residence permit – which has a limited validity – you can stay in another Schengen State for a period longer than 90 days, according to the laws in force in the Member State.