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EDAL case summaries

Austria - Constitutional Court, 27 April 2009, U136/08

Country of Decision: Austria
Country of Applicant: Russia (Chechnya)
Keywords: Inadmissible application, Dublin Transfer, Request that charge be taken, Responsibility for examining application, Obligation to give reasons, Procedural guarantees, Family unity (right to)

The fact that Poland agreed to take charge of the asylum procedure of a whole family is, by itself, not a proper basis for an inadmissibility decision. The hierarchy of the criteria for determining the Member State responsible for the procedure on the merits, set out in Art 5(1) Dublin II Regulation, must be respected. In this case the husband and father of the family had already been admitted to the procedure on the merits and, therefore, Art 8 was applicable prior to Art 14.
Date: 27-04-2009

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