EDAL case summaries
Country of Decision: Germany
Keywords: Dublin Transfer, Effective access to procedures, First country of asylum, Inhuman or degrading treatment or punishment, Non-refoulement, Safe third country
While accepting that Hungary is the responsible EU State for processing the applicant's asylum application (Article 18(1) Dublin Regulation III), the Court held that a transfer to Hungary may not occur due to systemic flaws in the asylum procedure and reception conditions in Hungary, that would put the applicant at a serious risk of suffering inhuman or degrading treatment within the meaning of Article 4 Charter of Fundamental Rights of the European Union (CFR) and Article 3 of the European Convention on Human Rights (ECHR) (Article 3 para 2 Dublin III) .
Date: 02-10-2015
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Benefit of doubt, Dublin Transfer, First country of asylum, Humanitarian considerations, Inhuman or degrading treatment or punishment, Non-refoulement, Reception conditions, Return, Right to remain pending a decision (Suspensive effect), Safe third country
An Applicant’s interest in remaining in a Member State prevails over the public’s interest in deporting the Applicant to the Member State in which the Applicant first sought asylum if there is a predominant degree of likelihood that the Applicant will be subject to inhuman or degrading treatment in the other Member State (e.g. because of significant capacity problems and a change to its asylum law).
Date: 04-09-2015
Country of Decision: Sweden
Country of Applicant: Syria
Keywords: Dublin Transfer, Family unity (right to), First country of asylum, Non-refoulement
A transfer in accordance with the Dublin Regulation does not require the Swedish Migration Board to investigate ex officio whether there are deficiencies in the asylum system in Italy. The transfer does, however, breach the right to a family life, in accordance with Article 8 of the European Convention on Human Rights.
Date: 09-12-2013
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Accelerated procedure, Best interest of the child, Burden of proof, Child Specific Considerations, First country of asylum, Non-refoulement, Request to take back, Responsibility for examining application, Return, Right to remain pending a decision (Suspensive effect), Unaccompanied minor
In a decision on whether the return of an unaccompanied minor to Hungary under the Dublin Regulation is unlawful in light of Art. 3 ECHR and therefore the sovereignty clause should be used, Art. 24(2) of the Charter of Fundamental Rights of the European Union(CFRU – best interest of the child as a primary consideration for authorities) is significant.
Date: 27-07-2010
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: First country of asylum, Non-refoulement, Responsibility for examining application
The conditions for asylum seekers in Greece were at the time of the decision not of such a character that it would prevent transferring asylum seekers according to the Dublin Regulation.
Date: 28-10-2008
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove First country of asylum filterFirst country of asylum
- (-) Remove Non-refoulement filterNon-refoulement
- Dublin Transfer 3
- Inhuman or degrading treatment or punishment 2
- Responsibility for examining application 2
- Return 2
- Right to remain pending a decision (Suspensive effect) 2
- Safe third country 2
- Accelerated procedure 1
- Benefit of doubt 1
- Best interest of the child 1
- Burden of proof 1
- Child Specific Considerations 1
- Effective access to procedures 1
- Family unity (right to) 1
- Humanitarian considerations 1
- Reception conditions 1
- Request to take back 1
- Unaccompanied minor 1
Filter by country of applicant
- Afghanistan 2
- Iraq 1
- Syria 1
