Belgium: CALL annuls Dublin return decision to Austria

Friday, October 7, 2016

In an appeal against the decision by the Belgian State Secretary for Asylum to refuse asylum status and return an Afghan national to Austria as a consequence of the Dublin III Regulation, the Council on Alien Law Litigation (CALL) declared the State Secretary’s decision void on 25 August 2016. The CALL based its decision on the fact that returning the Afghan asylum seeker to Austria would be in breach with Article 3 ECHR and the principle of due diligence.
The Council used the AIDA article Austria: Bundesasylamt suspends processing of new asylum applications and the AIDA report Navigating the Maze: structural barriers to accessing protection in Austria to conclude that the State Secretary had not sufficiently inquired about the consequences for Dublin returnees after the Austrian suspension of processing their applications and was thereby in breach of article 3 ECHR.


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