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EDAL case summaries

Germany - High Administrative Court of Saarland, 9 December 2014, case no. 2 A 313/13

Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Best interest of the child, Family member, Request that charge be taken, Responsibility for examining application, Unaccompanied minor, Vulnerable person

A Member State is responsible for the asylum application of an unaccompanied minor if the minor does not have a family member in said Member State and the minor's application has been finally rejected in another Member State, provided that the unaccompanied minor resides in the relevant Member State.

The responsibility for examining an application does not cease to apply upon the mere acceptance of a request to take charge by another Member State.
Date: 09-12-2014

ECtHR - Tarakhel v. Switzerland, Application no. 29217/12

Country of Applicant: Afghanistan
Keywords: Best interest of the child, Child Specific Considerations, Dublin Transfer, Family unity (right to), Individual assessment, Inhuman or degrading treatment or punishment, Material reception conditions, Personal circumstances of applicant, Reception conditions, Responsibility for examining application, Return, Vulnerable person

This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Italy under the Dublin II Regulation.

The Court found a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights if the Swiss authorities were to send an Afghan couple and their six children back to Italy under the Dublin Regulation without having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in...
Date: 04-11-2014

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