Around 23 June 2015, during the European refugee and migrant crisis, Hungary felt overburdened with asylum applications after receiving 60,000 “illegal immigrants” this year and announced that it would no longer withdraw applicants who had crossed borders with other EU countries and were detained there for unspecified “technical reasons”. This is in fact a withdrawal from this Dublin Regulation.  On August 24, 2015, Germany therefore decided to use the “sovereignty clause” to process Syrian asylum claims for which it would not have jurisdiction under the settlement criteria.  On 2 September 2015, the Czech Republic also decided to offer asylum to Syrian refugees who had already applied for asylum in other EU countries, either to have their application processed in the Czech Republic (i.e. to obtain asylum there) or to continue their journey elsewhere.  In other words, the law determines which country will process a person`s claim for asylum under the Geneva Convention. Signatories to the Dublin Regulation include the 28 EU Member States, as well as Liechtenstein, Norway, Iceland and Switzerland. The regulation is also called Dublin III (EC 604/2013), which replaces the eu`s former Dublin II Regulations (343/2003) and the original Dublin Convention, signed in 1990. As soon as a migrant seeks asylum, officials record their basic information and take their fingerprints. In determining asylum jurisdiction, officials take into account several criteria.
These include, in a hierarchical order, family considerations, recent possession of a visa or residence permit from a Member State and the legal or illegal entry of an applicant into the EU. In most cases, the applicant also goes to a personal interview with officials who process asylum documents to explain why they are in danger in their country of origin and seeking refuge in Europe. The purpose of the Regulation is to determine which country is responsible for processing an asylum seeker`s application. It is normally the first EU Member State on which migrants set foot. The Regulation also aims to ensure that every application in a country of the European Union is subject to a fair examination. The Dublin system assumes that asylum law and practice are at the same level in all EU countries and that these applicants enjoy the same protection status throughout the EU. However, asylum practices vary from country to country. Member states at the EU`s borders have also complained that the system burdens them with the full burden of migrants, as they are usually the first point for refugees fleeing to Europe. Another problem with the Dublin system is that asylum seekers often have to wait a while without knowing if their application will be accepted. Meanwhile, they are forced to live in prisons and be separated from their families.