EDAL case summaries
Country of Decision: Austria
Country of Applicant: Russia
Keywords: Country of former habitual residence, Dublin Transfer, Health (right to), Individual threat, Persecution (acts of), Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Request to take back, Return
The Asylum Court upheld the Federal Asylum Agency’s rejection of the mother and son’s application on the basis that Poland was responsible for the application under the Dublin II Regulation. The Court held that Austria was not obliged to apply Article 3(2) Dublin II Regulation due to a threatened violation of Article 3 or Article 8 ECHR.
Date: 29-11-2013
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