Who can apply for asylum in Iceland?
According to the provisions of the Act on Foreigners, which reflects the UN Refugee Convention, persons who are subject to persecution in their home country or face the risk of capital punishment, torture or inhumane or degrading treatment or penalty have the right to asylum as refugees in Iceland. An asylum seeker, who is not deemed to be a refugee, may be granted residence permit on humanitarian grounds provided strong arguments recommend this, such as serious illness or difficult circumstances in the home country.
Further information here.
How can I apply for asylum in Iceland?
While in Iceland, you can approach a police officer (at the Airport or at any Police Station), and state your intention to apply for asylum. The Police will proceed to record basic information along with your fingerprints. They will then notify the Directorate of Immigration and you will be directed to the Immigration office to proceed with your application. You can also go directly to the Immigration office located in Hafnarfjörður (Address: Bæjarhraun 18) during working hours from Monday to Thursday. Please note that the Police will withhold your passport as part of the application process. You will only receive your passport back once your application has been duly processed or you successfully withdraw your application (see How can I withdraw my asylum application).
For further information click here.
What is the procedure for processing an asylum application in Iceland?
1. Applying for asylum. Once you apply for asylum, the Directorate of Immigration will invite you to a short service interview, in which you will be asked to provide general personal information. This is an opportunity to inform if you have any particular needs in terms of health.
If you are in need of medical or psychological treatment, do disclose it to Immigration during this first interview.
Following this service interview, the Directorate of Immigration will inform the Icelandic Red Cross of your application, and a Red Cross Legal Representative will be assigned to your case.
For further information click here.
2. Asylum Interview. After some time, depending on the type of case, the Directorate of Immigration will notify you and your lawyer of your Asylum Interview. Your Red Cross Legal Representative will be present with you during this interview and you will have the opportunity to meet with your lawyer before the interview. This is the interview where you are asked why you are applying for asylum. The waiting period for this interview varies depending on which type of application you have (Priority, Merit, Dublin, Status)
Decision and Appeal. After your Asylum Interview, your lawyer will submit arguments to the Directorate of Immigration. If you receive a negative decision, you have two options: accept the decision or appeal the decision. If you decide to appeal, your Red Cross lawyer will appeal the decision and send arguments on your behalf to the Immigration Appeals Board.
For further information click here.
Appeals Board Decision. After the Appeals Board examines your case, you will receive a final decision from Immigration. If you receive a negative decision from the Appeals Board, you will be informed of your right to hire a private lawyer on your own expense to challenge the Appeals Board decision. At this point, your Red Cross Legal Representative can no longer support you with your case.
Please keep in mind that it is possible to withdraw your asylum application at any time, preferably before the Appeals Board reaches a decision. Inform your lawyer of your decision to withdraw and he/she will be able to assist you.
What type of asylum procedures exist in Iceland?
In Iceland, asylum applications are processed according to these 4 categories:
a) Dublin procedure. According to the Directorate of Immigration„Iceland is a member of the Dublin cooperation, consisting of all 28 EU member states plus Norway, Iceland, Switzerland and Lichtenstein. The goal of the cooperation is to ensure that a single member state is responsible for processing each application for asylum, and thereby ensure the asylum seeker prompt access to case procedure for deciding whether he/she has the right to international protection. In order to realize this goal, the Dublin Regulation, which has been adopted by all the member states, sets forth certain criteria for deciding which state is responsible for processing an application. According to the Regulation, a member state where an application is presented shall examine whether another member state is responsible for the application according to the provisions of the Regulation“.
Further information click here.
b) Status procedure. When applicants have already been granted protection in another country.
c) Priority procedure. Priority procedure means that an application will be prioritized by the Icelandic Directorate of Immigration, and thus processed sooner than other applications.
A priority procedure will be applied, among other reasons, when:
For further information click here.
d) Merit procedure. If Iceland is the first country within Europe that you have ever applied for asylum, and/or if the Dublin regulation does not apply in your case, then your application will likely be processed on its merit, granted your country of origin is not on the list of Safe Countries. This means that your case will be examined based on the situation in your country of origin.
For further information click here.
How can I know if I have a Dublin case?
In Iceland, asylum applications are processed according to 4 categories: Dublin, Merit, Status, Priority.
The Dublin Regulation states which member state of the Regulation is responsible for processing an application for international protection, i.e. deciding whether an applicant is in need of protection. All applications for international protection in Iceland are therefore first examined with regard to whether another member state is responsible for processing the application and receive the applicant again. If another member state is responsible for processing an application, Icelandic authorities will not form a position as to whether an applicant needs protection, as the receiving member state -according to the Dublin Regulation- should assess the need and provide the necessary protection“.
Currently, Iceland makes some exceptions to apply the Dublin regulation, among these are for individuals or families that have applied for asylum in Greece without having been granted protection in any of these countries. If you would like to know if your case falls into any exception regarding the Dublin regulation please make an appointment with your Red Cross Legal Representative, or come to our Legal Assistance service on Mondays from 12 pm – 3 pm in Árskógar 4, Reykjavík; or every other Thursday from 12 pm – 3 pm in Smiðjuvellir 8, Reykjanesbær.
Further information click here.
Do I get the assistance of an interpreter during my interviews with the Directorate of Immigration?
All asylum seekers have a right to an interpreter in interviews at the Directorate of Immigration. An interpreter is bound by the same confidentiality as other people present at the interview. A phone interpreter will be also made available at Red Cross Interview Hours and during any conversation or appointment with your legal representative. All interpreters over the phone are also bound by confidentiality.
I am an asylum seeker, but I want to leave Iceland. What can I do?
If you have applied for asylum but you would like to leave Iceland as soon as possible, you must inform your Red Cross lawyer of this decision. Your lawyer will assist you with withdrawing your application and will explain your options to leave Iceland.
As a general rule, if you have not been granted asylum in Iceland you will be asked to leave the country within a time limit, most often between 7-30 days. This would also apply if you would withdraw your asylum application.
To receive more detailed information about your particular options to leave Iceland depending on your case, please make an appointment with your lawyer. For information on how to make an appointment with your Red Cross Legal representative click here.
For further information about voluntary return click here and for removal of Iceland, click here.
How can I withdraw my asylum application?
If you want to withdraw your asylum application you should make an appointment with your legal representative or come to the reception at the Red Cross and ask for an appointment with a legal representative. It is important to state why you need an appointment, that is that you want to withdraw your application. You will be provided with a date and time to be at the Directorate of Immigration along with your legal representative, where your application will formally be withdrawn and you will be notified of your legal status.
Please keep in mind that your passport will be returned to you ONLY once you show proof of travel to a country where you have a legal right to stay. This is your country of origin, a country where you have an asylum application pending or a country where you have already received protection by the authorities.
If my asylum application is not successful, what would happen next?
As a general rule, if you have not been granted asylum in Iceland you will be asked to leave the country within a time limit, most often between 7-30 days. This would also apply if you withdraw your asylum application.
However, depending on the type of procedure (Dublin, Status, Priority, Merit) your case its been examined with, you will be offered different options to leave Iceland. Some of these options include i) travelling at your own expense to a country in which you have the legal right to stay, ii) requesting voluntary return through the IOM (International Organization for Migration), whom will then cover travel expenses for you, or iii) being escorted out of the country by the Icelandic Police.
To receive more detailed information about your particular options to leave Iceland depending on your case, please make an appointment with your lawyer. For information on how to make an appointment with your Red Cross Legal representative click here.