EDAL case summaries
Country of Decision: Austria
Country of Applicant: Russia (Chechnya)
Keywords: Dublin Transfer, Request that charge be taken, Responsibility for examining application, Visa, Family unity (right to), Vulnerable person
This was an appeal against the decision by the Federal Asylum Office to transfer the first applicant to Poland and the second applicant, including their two children, to the Czech Republic. The Asylum Court allowed the appeal and found the consultations with other Member States and the decisions of the Federal Asylum Office to be arbitrary, ignoring national legislation requiring one procedure for the whole family and violating the Dublin II Regulation’s emphasis on the necessity of maintaining family unity as well as Article 8 of the ECHR.
Date: 13-11-2009
