Case summaries
Spain - High National Court, 19 May 2010, 632/2009
Country of applicant:
Afghanistan
Keywords:
First country of asylum
The case concerned an appeal before the High National Court against the decision of the Spanish Asylum and Refugee Office (Ministry of Interior) rejecting an application for refugee status based on the fact that the applicant entered the EU through Greece. Therefore, following the Dublin II Regulation, Greece would be the responsible country for examining the application for asylum. The High National Court stated that after passing the six month period established by Art 19.3 of the Regulation CE/343/2003 without executing the transfer of the applicant to a Member State considered responsible for the examination, Spain was the responsible country for the case.
Date of decision:
19-05-2010
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 26,UNHCR Handbook,EN - Charter of Fundamental Rights of the European Union,Article 18,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 10,Article 13,Article 18,Article 19,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3