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The applicant is a Sudanese national who arrived in Austria via Greece and Hungary and applied for asylum. His application was rejected under the Dublin Regulation and his transfer to Hungary was ordered. Several months later, he filed a second asylum application, which did not have suspensive effect.  Before the ECtHR, he argued that his transfer to Hungary would expose him to treatment contrary to Article 3. He also relied on Article 13, because his second asylum request in Austria did not have any suspensive effect in relation to the transfer order.

The applicant, Mr. Muneer, is an Afghan national who arrived in Belgium in 2009 and applied for asylum. As it appeared that he had been in Greece previously, Belgium arranged for his return under the Dublin regulation. Mr. Muneer was ordered to quit the Belgian territory and placed in a detention centre. His return to Greece was organised, but after he refused to board the plane, a second detention order valid for two months was issued.

In the first analysis of the steps taken in 2012 with regard to the new EU legislation on asylum, Statewatch reviews the pieces of legislation which were agreed, but not adopted, in 2012, and those which were still under negotiation by the end of the year. Under the first category fall the Directive on Reception Conditions and the Dublin Regulation, while negotiations are still on going for the Directive on asylum procedures and the Eurodac Regulation. The outstanding issues concerning these two pieces of legislation are also analysed.

(Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Article 3(2) – Sovereignty clause – Article 15 – Humanitarian clause – Application of Regulation No 343/2003 consistent with fundamental rights – Article 4 of the Charter of Fundamental Rights – Prohibition of torture and inhuman or degrading treatment or punishment – Article 7 of the Charter of Fundamental Rights – Respect for private and family life)