Germany – Bavarian Higher Administrative Court, 16 May 2018, 20 ZB 18.50011
| Country of Decision: | Germany |
| Court name: | Bavarian Administrative Court (Verwaltungsgerichtshof München) |
| Date of decision: | 16-05-2018 |
| Citation: | 20 ZB 18.50011 |
Keywords:
| Keywords |
|
Dublin Transfer
Description
"The transfer of responsibility for the examination of an asylum application from one Member State to another Member State. Such a transfer typically also includes the physical transport of an asylum applicant to the Member State responsible in cases where the applicant is in another Member State and/or has lodged an application in this latter Member State (Article 19(3) of Council Regulation (EC) 343/2003). The determination of the Member State responsible for examining an asylum application is done on the basis of objective and hierarchical criteria, as laid out in Chapter III of Council Regulation (EC) 343/2003." |
Headnote:
Church asylum does not extend the time limit of a Dublin transfer.
Facts:
On 11 August 2017 the asylum application of the applicant was rejected and his return to Italy ordered, because Italy and not Germany was deemed to be competent under the Dublin regulation.
Since 11 November 2017 the church granted the applicant church asylum. The German asylum authorities were informed about the address of the applicant. However, the time period of 6 months for the Dublin transfer passed and no transfer took place.
Decision & reasoning:
The Higher Court questioned whether church asylum causes an extension of the time limit of a Dublin transfer.
The court ruled, that church asylum does not cause any time extension according to Article 29 subparagraph 2 sentence 2 Dublin Regulation (EU) No 604/2013. According to the judges there is no legal or factual obstacle of enforcement. Furthermore the applicant is not “absconding” within the meaning of Art. 29.
Outcome:
The court closes the proceedings.
Observations/comments:
This case summary was written by students at the Refugee Law Clinic at Cologne University.
Cited National Legislation:
| Cited National Legislation |
| Germany - §§ 92 |
| 113 161 |
| 173 VwGO (Administrative Court Procedures Code) |
| Germany - § 269 ZPO (Code of civil procedure) |
| Germany - § 80 AsylG (Asylum Act) |
Cited Cases:
| Cited Cases |
| CJEU - Case C 201/16, Shiri, 25 October 2017 |
Other sources:
Germany - Higher Administrative Court Schleswig-Holstein, 23 March 2018, 1 LA 17/18
Germany - Administrative Court Würzburg, 29 January 2018, W 1 K 17.50166
Germany - Administrative Court Munich, 6 June 2017, M9 S 17.50290
Germany - Administrative Court Munich, 6. February 2017, M 9 K 16.50076
Germany - Administrative Court Würzburg, 31 August 2015, W 3 K 14.50040
Germany - Administrative Court Bayreuth, 13 November 2017, B3 K 17.50037
Germany - Administrative Court Bayreuth, 7 March 2016, B 3 K 15.50293