Case summaries

The Judge of liberty and detention of the Toulouse Appeal Court considered that an extension of the applicant’s administrative detention could mean subjecting her to imminent forcible return to her country of origin, which was not compatible with articles 3 and 13 ECHR since a non-suspensive appeal against a decision rejecting the applicant’s asylum application was still pending and with sufficient grounds.

As a result, the Judge held that there was no reason to extend the duration of the applicant’s administrative detention.

The Judge of liberty and detention of the Toulouse Appeal Court considered that an extension of the applicant’s administrative detention would mean subjecting her to imminent forcible return to her country of origin, which was not compatible with articles 3 and 13 ECHR since an appeal against a decision rejecting the applicant’s asylum application was still pending and with sufficient grounds.

As a result, the Judge held that there was no reason to extend the duration of the applicant’s administrative detention.

The following question is referred to the CJEU under the expedited procedure provided for in Article 105 of the Rules of Procedure:

Does Article 26 of the Dublin Regulation III prevent the competent authorities in a Member State, who have requested another Member State to take responsibility under a take back or take charge request of an applicant who has applied for international protection (which has not yet been ruled definitely upon) or any other person caught by Article 18(1)(c) or (d), from taking a transfer decision and notifying the applicant before the requested State has accepted the take back or take charge request?

D.T., who possesses a leave to remain in Poland due to humanitarian considerations, appealed the Municipal Appeal Board’s decision to uphold the decision refusing to award her child benefits. Relying on a purposive interpretation of the applicable regulations regarding social welfare and the access of foreigners to the labour market, the Court decided to set aside both decisions, while stressing that the deciding body shall be bound by the legal analysis contained in the Court order. 

The asylum applicant cannot be transferred to Bulgaria because he would face a real risk of being subjected to inhuman or degrading treatment pursuant to Article 4 of the EU Charter of Fundamental Rights.

Hungary does not guarantee the respect of asylum procedures. The transfer must be halted in accordance with article 3 of the Dublin Regulation (EU) No 604/2013.

The judgment’s motivation must be based on more than one source if others are available.

Following the making of an application for international protection, detention for the purpose of removal must be terminated in the absence of a new detention order, based on an individualised assessment of the grounds for detention of asylum seekers. The applicant must be released upon condition of appearing in person before the responsible authority for the full registration of his or her application, failing which return proceedings may be executed.

The Court of Appeal concluded that the question of whether the time limitation for transfer of an applicant according to Article 29.1 Dublin III Regulation had expired is not relevant to determine the responsible Member State, and shall therefore not form part of the court’s examination of an appeal of a transfer decision under the Dublin III Regulation.

The applicant appeals against the ruling passed by the Directorate General of Domestic Policy on 14th February 2014, issued at the request of the Ministry, denying his application for international protection and against the ruling passed on 19th February 2014, denying his request for a review of his application, both denied in compliance with the Law. The applicant has requested residence in Spain on humanitarian grounds given that he has a son who is a minor and is of Spanish nationality. He invokes his right to remain at his son’s side to care for him.  

It is unlawful to transfer an asylum applicant under the Dublin Regulation to a country, in this case Bulgaria, where the reception conditions conflict with Article 4 of the EU Charter of Fundamental Rights.