Belgium: Council of Alien Law Litigation suspends Dublin transfer to Romania

Date: 
Tuesday, August 4, 2015

This case relates to a Syrian man who claimed asylum in Belgium in June 2015. He had previously claimed asylum in Romania, but left after 6 days and lodged a claim in Germany. The German authorities refused his case on the basis that Romania was responsible under the Dublin III Regulation. The applicant then claimed asylum in Belgium.
 
The Belgian authorities refused his case and ordered him to leave the territory after Romania agreed to ‘take charge’ of his case. The applicant lodged a request with the Council of Alien Law Litigation (CALL) to suspend this transfer under the ‘extremely urgent procedure’. He stated that in Romania he was arrested and detained in a police station where he was badly treated, before being transferred to an open centre without access to food and other basic needs.  In addition, as his asylum claim in Romania had been closed, he was afraid that he would be placed in administrative detention upon transfer, with no access to an effective asylum procedure. The Romanian authorities would treat his claim as a subsequent asylum claim, requiring new elements.
 
The CALL found that his account was consistent with objective reports and that his transfer to Romania would put him at risk of treatment contrary to Article 3. It rejected the argument of the Belgian authorities based on Germany’s prior approval of the applicant’s transfer to Romania under its regular procedure, stating it was not bound by this assessment. It therefore suspended the transfer decision.
 
Based on an unofficial ELENA translation. The ELENA Weekly Legal Update would like to thank Marie-Claire Frere for providing us with this judgment. 


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Keywords: 
Detention
Dublin Transfer
Inhuman or degrading treatment or punishment
Right to remain pending a decision (Suspensive effect)