Case summaries
France – Council of State, 15 July 2004, Mr. X. v Minister for the Interior, No 263501
Country of applicant:
Russia (Chechnya)
In this case, the Council of State held that the separation of a family, which results from the implementation of the Dublin Regulation, is unlawful if it has not been ascertained that the family could be reunited in one of the two countries concerned under the Regulation.
Date of decision:
15-07-2004
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