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Country of Decision: Germany
Country of Applicant: Iran
Keywords: Assessment of facts and circumstances, Dublin Transfer, Effective remedy (right to), Inadmissible application, Protection, Request to take back, Responsibility for examining application
If a Member State is responsible for carrying out an asylum procedure under the relevant terms of the Dublin Regulation, e.g. under Art. 29 (2) of the Dublin III Regulation, an applicant may invoke that Member State’s responsibility if it has not been positively established that another Member State (which does not have responsibility) is willing to take charge of the applicant or take him or her back.
In such a case, it can be derived from the objective and purpose of the Dublin system, as well as the fact that it constitutes the procedural dimension of the substantive rights...
Date: 27-04-2016
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