Belgium: CALL annuls Dublin return decision to Austria

Date: 
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.

 

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
Inhuman or degrading treatment or punishment
Material reception conditions
Reception conditions
Request to take back