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France – Council of State, 25 November 2003, M. N, No 261913
Country of applicant: Armenia
Keywords: Humanitarian considerations, Inhuman or degrading treatment or punishment, Procedural guarantees, Family unity (right to), Responsibility for examining application, Dublin Transfer

When a transfer under the Dublin Regulation would result in a violation of fundamental rights, the Member State in which the applicant is present can examine the asylum application even though another State should have been responsible under the Dublin Regulation. In this case, the applicant’s wife was allowed to remain in France as she was in the advanced stage of pregnancy and, therefore, transferring the applicant would violate Art 8 ECHR.

Date of decision: 25-11-2003
ECtHR - D. v. The United Kingdom, Application No. 30240/96, 2 May 1997
Keywords: Effective remedy (right to), Humanitarian considerations, Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Country of origin, Family unity (right to), Real risk, Health (right to)

The case involved the proposed removal of a convicted alien drug courier dying of AIDS to his country of origin, St Kitts, where he had no access to proper medical treatment, nor accommodation, family, moral or financial support. The Court found that his deportation would amount to a breach of Art. 3 obligations by the UK. 

Date of decision: 02-05-1997