EDAL case summaries
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
Country of Applicant: Afghanistan, Iran, Nigeria
Keywords: Dublin Transfer, Effective access to procedures, Effective remedy (right to), Material reception conditions, Non-refoulement, Responsibility for examining application, Safe third country
This case concerned the concept of ‘safe country’ within the Dublin system and respect for fundamental rights of asylum seekers. The Court held that EU law prevents the application of a conclusive presumption that Member States observe all the fundamental rights of the European Union. Art. 4 Charter must be interpreted as meaning that the Member States may not transfer an asylum seeker to the Member State responsible within the meaning of the Regulation where they cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that...
Date: 21-12-2011
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