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EDAL case summaries

Germany - Hannover Administrative Court, 5 November 2015, no. 10 A 5157/15

Country of Decision: Germany
Country of Applicant: Mali
Keywords: Dublin Transfer, Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Non-refoulement, Request that charge be taken, Request to take back, Responsibility for examining application, Subsequent application, Withdrawal of protection application

The transfer of an applicant for asylum to Malta violates the Regulation (EU) no 604/2013 of the European Parliament and of the Council of 26 June 2013 (“Dublin III Regulation”) because Malta’s asylum procedures and system show systemic deficiencies with the inherent risk of subjecting an applicant for asylum to inhuman or degrading treatment.  
Date: 05-11-2015

Netherlands - Court of The Hague, 16 October 2015, AWB 15/11534

Country of Decision: Netherlands
Country of Applicant: Ukraine
Keywords: Best interest of the child, Child Specific Considerations, Dublin Transfer, Material reception conditions, Reception conditions, Request to take back, Vulnerable person, Withdrawal of protection application

There is a real risk that, due to overcrowded accommodation, Hungary can no longer receive returning Dublin claimants. Because of inadequate shelter, the claimant and her two minor children may be subjected to accommodation conditions which contravene Article 3 of the European Convention on Human Rights. Before the return of a vulnerable Dublin claimant occurs, Hungary must first be asked to provide guarantees of adequate shelter. 
Date: 16-10-2015

Austria: Constitutional Court, 3. July 2015, U 32/2014-12

Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Exclusion from protection, Subsidiary Protection, Withdrawal of protection application

The Court expressed doubts as to whether it is constitutionally permissible to base the withdrawal of subsidiary protection on a “final conviction of a crime” without taking the circumstances of the individual case into account. The Austrian provision might not be in line with the requirements as set out by the European Union Directive 2004/83/EC and might therefore be unconstitutional.
Date: 03-07-2015

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