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EDAL case summaries

CJEU - Joined Cases C-924/19 PPU and C-925/19 PPU, FMS and Others v Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság, 14 May 2020

Country of Applicant: Afghanistan, Iran
Keywords: Accommodation centre, Detention, Inadmissible application, Material reception conditions, Reception conditions, Return, Safe third country, Subsequent application

1. A change of the destination country in a return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy in compliance with Article 47 CFREU.

2. The national legislation providing for a safe transit country ground applicable in the present case is contrary to EU law.

3. The obligation imposed on a third-country national to remain permanently in a closed and limited transit zone, within which their movement is limited and monitored, and which the latter cannot...
Date: 14-05-2020

CJEU - C-695/15, Shiraz Baig Mirza v Bevándorlási és Állampolgársági Hivatal

Country of Applicant: Pakistan
Keywords: Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Request to take back, Safe third country

An asylum applicant can be sent to a Safe Third Country by a Member State who has admitted responsibility under Dublin III in the context of a take back request, where the applicant has left the responsible Member State before a decision on the first asylum application has been taken on its merits.

The absence of information being provided to the sending Member State by the receiving Member State on the latter’s legislation and practice regarding STC does not prevent an asylum applicant being sent to a STC or breach  an applicant’s right to an effective remedy

Where an...
Date: 17-03-2016

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