Case summaries
As the Republic of Slovenia agreed to readmit the Applicant in accordance with the terms defined in the Dublin Convention, he should be treated as an applicant for international protection from the moment he entered the country. Taking this into account, it was not acceptable to apply measures that are stipulated in the legislation for foreigners who did not apply for international protection. The Applicant’s freedom of movement could be restricted only under the terms and conditions that are used for Applicants for international protection.
In the case at hand there were no grounds on which to restrict the Applicant’s right to personal freedom. By housing the Applicant in an Asylum Centre for a disputed period of time, his right to personal freedom was unacceptably restricted.
This case concerns the impact of withdrawing for an asylum application has on the application of the Dublin II Regulation and what are State responsibilities in that regard.
The applicant sought to rely on her Islamic proxy marriage to her husband, a recognised refugee in Ireland, to resist removal to the UK under the Dublin Regulations. Her application for judicial review failed as she was held to have forfeited her right under Article 7 of the Dublin II Regulation due to delay on her part in asserting that right.
The case concerned the inadmissibility of an application for international protection considering the Dublin II criteria and the validity of a visa.
The conditions for asylum seekers in Greece were at the time of the decision not of such a character that it would prevent transferring asylum seekers according to the Dublin Regulation.
This was an appeal against the decision to deport an asylum applicant to Italy, when his brother had been admitted to the asylum procedure in France. The Council of State found that, under Art 9(2) Dublin Regulation, Italy was the responsible Member State. Art 8 did not apply as the definition of family members in Art 2(i) does not include siblings. Art 15 was not applicable since the applicant could apply for asylum in Italy. Only after Italy has made a decision the application would it be France's responsibility to decide whether to grant permission to enter and reside in France.
The presence of an adult asylum applicant’s sibling in an EU Member State entails no obligation for that State to apply Art 7 Dublin Regulation, as siblings are not included in the definition of family members in Art 2(i). This was the case even though the applicant’s brother had been granted refugee status and, subsequently, citizenship in France.
Although the applicant, an adult without children, did not fall within the definition of a family member under Art 2(i) Dublin Regulation and could therefore not rely on Art 7 and Art 8 to defeat a transfer order, his links to family members in France could justify applying Art 3(2) or Art 15. In such a case, the definition of a family member should not be interpreted in the restrictive sense of Art 2(i). In order to apply a broader definition, the applicant must provide evidence of the intensity of the links to the family. In this case, the applicant failed to provide such evidence.