France: Rejection of Dublin transfer of Afghan nationals to Norway

Date: 
Monday, April 3, 2017

On 3 April 2017, the Administrative Court of Lyon ruled on case no. 1702564 concerning the Dublin transfer of an Afghan national to Norway. The applicant had applied for asylum in Norway, but his asylum application was rejected. The applicant then applied for asylum in France, but the prefecture of Rhône asked Norway to take the applicant back under Article 18 paragraph 1 d) of Regulation No. 604/2013 (Dublin III Regulation). In higher appeal the Administrative Court of Lyon found that the transfer to Norway would constitute a violation of Article 3 ECHR. It follows from reports on the security situation in Afghanistan, published in 2015 and 2016 by the EASO, that the insecurity level in the region of Nangarhar is one of the most severe in the country. Between January 2015 and May 2016, 4000 incidents have been reported. Afghans returned to the region of Nangarhar are exposed to serious, direct and individual threats, as a consequence of the armed conflict, without being able to get protection. According to the Court, it is sufficient that the applicant shows that he is from the region of Nangarhar, which the applicant has proved. Therefore, the Court rejects the Dublin transfer of the applicant to Norway, and obliges the prefect of Rhône to register the asylum application of the applicant in France.
 
Based on an unofficial translation by the ELENA Weekly Legal Update. The EWLU would like to thank Raphaël Morlat of Forum réfugiés - Cosi and Hélène Soupios-David of France terre d'asile for bringing this to our attention.



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Keywords: 
Dublin Transfer
Inhuman or degrading treatment or punishment
Non-refoulement