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EDAL case summaries

France – Bordeaux Administrative Court of Appeal, 22 December 2017, No. 17BX03212

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

Switzerland - Federal Administrative Court, Decision dated 27 April 2016, D-2484/2016

Country of Decision: Switzerland
Country of Applicant: Algeria
Keywords: Detention, Obligation to give reasons, Procedural guarantees

The Federal Administrative Court rules, that the significant risk of absconding for ‘Dublin-detention’ orders must always be assessed on a case-by-case basis. The sole existence of a ground for detention as set out in Art. 76a(2) AuG does not automatically indicate a significant risk absconding. Such an order is unlawful and must be rescinded. The Court ‘warns’ the SEM that the current practices are very concerning and require adaptation.
Date: 27-04-2016

CJEU - C-249/13 Khaled Boudjlida v Préfet des Pyrénées-Atlantiques, 11 December 2014

Country of Applicant: Algeria
Keywords: Effective access to procedures, Legal assistance / Legal representation / Legal aid, Procedural guarantees, Residence document, Return

The right to be represented by a lawyer in the context of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 will only apply when an appeal to a return decision has been lodged and free legal assistance will be subject to national domestic legislation. 
Date: 11-12-2014

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