EDAL case summaries
Country of Decision: France
Country of Applicant: Algeria
Keywords: Dublin Transfer, Procedural guarantees, Request to take back, Responsibility for examining application, Visa
The three-month time limit for take back requests, as prescribed by Article 21(1) of the Dublin III Regulation, will apply as soon as the competent authorities of the relevant Member State have been informed, with certainty, of the fact that international protection has been requested. Where certain responsibilities for the registration of applications have been delegated to a competent legal entity, the authorities will be deemed to have been so informed once the legal entity in question has made a written record of the applicant’s intention to claim asylum.
Date: 22-12-2017
Country of Decision: United Kingdom
Country of Applicant: Sudan
Keywords: Dublin Transfer, Effective access to procedures, Medical Reports/Medico-legal Reports, Procedural guarantees, Request to take back
The Court rejected the Applicant's challenges to the respondent's decision to certify his asylum claim and deport him, on the grounds (i) of his mistaken assessment of his probable situation if deported to Italy, (ii) of his misreading of the Dublin III Regulation, specifically insofar as it applies to effective remedy.
Date: 22-05-2017
Country of Decision: Hungary
Country of Applicant: Iraq
Keywords: Dublin Transfer, Personal interview, Procedural guarantees, Request to take back
The Office of Immigration and Nationality issued a decision on the responsibility of the Republic of Bulgaria under the Dublin III Regulation, without having informed the Applicant about the applicability of the Regulation in his case. The Court quashed the decision and declared the Applicant’s right to be heard was not respected.
Date: 10-10-2016
Country of Decision: United Kingdom
Country of Applicant: Iran
Keywords: Accelerated procedure, Access to the labour market, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Final decision, Health (right to), Legal assistance / Legal representation / Legal aid, Medical Reports/Medico-legal Reports, Non-refoulement, Obligation to give reasons, Procedural guarantees, Request to take back, Return, Right to remain pending a decision (Suspensive effect), Safe third country, Standard of proof, Subsequent application
The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims. A further right to appeal remained with the Cypriot Supreme Court. The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.
The Court concluded that there was no real risk that the...
Date: 01-03-2016
Country of Decision: Germany
Country of Applicant: Pakistan
Keywords: Assessment of facts and circumstances, Dublin Transfer, Duty of applicant, Inadmissible application, Individual assessment, Personal circumstances of applicant, Procedural guarantees, Request to take back, Responsibility for examining application, Return
The Dublin regulations do not allow for priority to be given to the processing of different types of transfer applications. In particular, there is no priority which favours a transfer application made on the Applicant’s own initiative as compared to one which is ordered by administrative compulsion. In deciding the application, the executing authority must allow the Applicant to transfer without administrative compulsion if it appears certain that (i) the Applicant will voluntarily travel to the Member State responsible for reviewing his application and, (ii) will report in a timely...
Date: 17-09-2015
Country of Decision: Germany
Keywords: Dublin Transfer, Personal interview, Procedural guarantees, Request to take back
In light of the provisions of Article 5 Dublin III Regulation, which serve to protect the asylum seeker in a Dublin transfer, the individual subject to a Dublin transfer decision must be seen to have a subjective right to a personal interview. Before such an interview, which must take into account the subjective perspective of the individual, has been conducted in a manner which meets the criteria of Article 5 of Dublin III, the authorities cannot conclude that no obstructions to the removal are present.
Date: 14-01-2015
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Dublin Transfer, Request to take back, Responsibility for examining application, Obligation to give reasons, Procedural guarantees
A decision to transfer the applicant to Italy, solely based on Italy’s failure to respond to a request to take back the applicant, was insufficient, arbitrary and violated the applicant’s right to equal treatment. The Asylum Court had neither listed any criteria of the Dublin II Regulation that would indicate that Italy was responsible nor addressed the issues concerning the travel route of the applicant and his long stay in Greece.
Date: 27-06-2012
Country of Decision: Belgium
Country of Applicant: Russia
Keywords: Inadmissible application, Accelerated procedure, Assessment of facts and circumstances, Dublin Transfer, Request to take back, Responsibility for examining application, Effective access to procedures, Effective remedy (right to), Procedural guarantees, Right to remain pending a decision (Suspensive effect), Detention
With this judgment, the General Assembly of CALL is trying to bring its case law in line with the M.S.S. judgment of the ECtHR.
The CALL set the conditions under which an appeal for suspension against an enforceable decision (an order to leave the territory) has automatic suspensive effect.
After a prima facie examination (in extreme urgency), the CALL decided that the applicant in this casehas a reasonable ground of appeal on the basis of Article 3 of the ECHR, as he gave sufficient indications of the concrete problems he was experiencing in Poland. The CALL derived...
Date: 17-02-2011
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Procedural guarantees filterProcedural guarantees
- (-) Remove Request to take back filterRequest to take back
- Dublin Transfer 8
- Responsibility for examining application 4
- Effective access to procedures 3
- Accelerated procedure 2
- Assessment of facts and circumstances 2
- Detention 2
- Effective remedy (right to) 2
- Inadmissible application 2
- Medical Reports/Medico-legal Reports 2
- Obligation to give reasons 2
- Personal interview 2
- Return 2
- Right to remain pending a decision (Suspensive effect) 2
- Access to the labour market 1
- Duty of applicant 1
- Final decision 1
- Health (right to) 1
- Individual assessment 1
- Legal assistance / Legal representation / Legal aid 1
- Non-refoulement 1
- Personal circumstances of applicant 1
- Safe third country 1
- Standard of proof 1
- Subsequent application 1
- Visa 1
