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Country of Decision: France
Country of Applicant: Russia (Chechnya)
Keywords: Burden of proof, Dublin Transfer, Humanitarian considerations, Inhuman or degrading treatment or punishment, Procedural guarantees, Reception conditions, Responsibility for examining application
Art 3 and Art 15 Dublin Regulation are only applicable if there exist compelling reasons to believe the receiving country is incapable of welcoming asylum applicants in appropriate conditions or if the applicants can prove that they personally risk being subjected to ill treatment or not benefitting fully from an effective right to asylum. In this case, the applicants had not demonstrated they were personally victims of ill treatment in Poland. Poland was considered to offer sufficient guarantees against deportation and for an effective and impartial asylum procedure.
Date: 11-01-2010
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