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Austria – Asylum Court, 28 January 2010, S1 410.743-1/2009/6E
Country of applicant: Russia (Chechnya)

An expulsion order in relation to an elderly woman with a deteriorating medical condition gave rise to a real risk of a violation of Art 3 and Art 8 ECHR. In light of this risk, the Asylum Court held that the sovereignty clause in the Dublin Regulation should be applied in combination with Article 15 of the same Regulation, even though the latter was not directly applicable in this case.

Date of decision: 28-01-2010
ECtHR - K.R.S. v the United Kingdom, Application no. 32733/08 (decision on admissibility), 2 December 2008
Country of applicant: Iran

The applicant challenged his transfer to Greece from the UK under the Dublin II Regulation, on the basis that the situation for asylum seekers in Greece would lead to a violation of Article 3 ECHR. The Court declared the application manifestly ill-founded and therefore inadmissible, as it was presumed that Greece would comply with its obligations and would not refoule him to his county of origin Iraq. 

Date of decision: 02-12-2008