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EDAL case summaries

France – Council of State, 25 November 2003, M. N, No 261913

Country of Decision: France
Country of Applicant: Armenia
Keywords: Dublin Transfer, Family unity (right to), Humanitarian considerations, Inhuman or degrading treatment or punishment, Procedural guarantees, Responsibility for examining application

When a transfer under the Dublin Regulation would result in a violation of fundamental rights, the Member State in which the applicant is present can examine the asylum application even though another State should have been responsible under the Dublin Regulation. In this case, the applicant’s wife was allowed to remain in France as she was in the advanced stage of pregnancy and, therefore, transferring the applicant would violate Art 8 ECHR.
Date: 25-11-2003

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