Belgium: Council of Aliens Law Litigation suspends Dublin Transfer to Spain

Date: 
Wednesday, April 29, 2015

decision by the Belgian Council of Aliens Law Litigation (CALL) on 29 April 2015 suspended the decision to transfer a Guinean national to Spain.

The applicant had lodged an asylum application in Belgium which had been refused with an order to leave the territory on the basis that Spain, under Article 13.1 of Dublin III Regulation, was competent to deal with the asylum request. The applicant subsequently lodged a request with the CALL to suspend this transfer under the ‘extremely urgent procedure’.

The applicant spent a number of months in Spain in 2014, before arriving in Belgium. In Spain, he had his fingerprints taken, and claimed that he had been discouraged by a social worker from applying for asylum there. A little later, the applicant found himself without any aid in Madrid, living on the streets. With psychological damage emanating from the aftereffects of physical trauma sustained due to ill-treatment in his country of origin, medical records suggested that the applicant was a vulnerable person. The agreement to return the applicant to Spain contained no guarantee that the applicant’s vulnerability would be taken into account in the Spanish asylum system, with there being no specific procedure existent for the identification of vulnerable persons. Merely sending the applicant’s medical certificate to the Spanish authorities would not be sufficient to guarantee this.

Further, there was no guarantee that the individual would be able to introduce a new request for international protection in Spain. Whilst the CALL noted that there were no systemic deficiencies in the Spanish asylum system, the aforementioned lack of guarantees meant that the applicant could be at risk of ill-treatment, and thus the return decision to Spain was suspended.


The ELENA Weekly Legal Update would like to thank Caroline Prudhon for notifying us of this decision.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

                                                     

 

Keywords: 
Dublin Transfer
Material reception conditions
Medical Reports/Medico-legal Reports
Right to remain pending a decision (Suspensive effect)
Vulnerable person