Case summaries

The Court considered that the decision-maker should have had taken into consideration the applicant’s alleged vulnerable situation, and as a result ordered the case’s remittal to the Central Administrative Court of Lisbon so evidence could be collected on this.

The Administrative Chamber of the Spanish Supreme Court established that Spain is bound by two Council Decisions of May and September 2015 establishing an EU Emergency Relocation Mechanism aimed at distributing a number of refugees that have arrived to Italy and Greece.

Following on from a Rule 39 measure from the European Court of Human Rights preventing the transfer of the applicant to Bulgaria under the Dublin Regulation, the Tribunal ordered the police prefect to register the applicant's claim for asylum in France. 

The case concerned the application of a take back request under the the Dublin III Regulation where an asylum applicant has lodged multiple asylum applications in two different Member States and is the subject of a European Arrest Warrant.

The impossibility to proceed with an asylum applicant’s transfer to another Member State responsible for examining the asylum application  is established once there is a clear and real risk for the interested party to be subject to torture or inhuman or degrading treatments within the meaning of articles 3 of the European Convention on Human Rights (ECHR) and 4 of the Charter of Fundamental Rights of the European Union (CFREU), even in the absence of having serious reasons to believe there are systemic failures in the Member State’s asylum system. 

Article 26(1) of the Dublin III Regulation precludes the issuance of a transfer decision by the determining Member-State until the requested Member-State implicitly or explicitly accepts the take charge/back request.

Article 26(1) of the Dublin III Regulation precludes the issuance of a transfer decision by the determining Member-State until the requested Member-State implicitly or explicitly accepts the take charge/back request.

Church asylum does not extend the time limit of a Dublin transfer.

The State Secretary has to carefully weigh interests when deciding about the application of Article 17 (discretionary clauses) of the Dublin Regulation where it concerns an adult applicant whose family members are beneficiaries of international protection in this Member State. The fact that an earlier request for family reunification has been refused, does not imply that the potentially destabilizing effect of a Dublin transfer no longer has to be taken into consideration.