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Germany – Administrative Court Berlin, 11 September 2016, 33 K 152.15 A
Country of applicant: Russia (Chechnya)

A renewed application for asylum in a second country is admissible if the nature of international protection applied for differs from the protection already granted. Deportation to the country of the first application or the country of origin is not to be taken into account in this situation.

Date of decision: 11-09-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 17,Art 15,Art 13,Art 14,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 18,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 10,Article 33,Article 40,Article 46,Article 51,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,Article 16,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 18,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 3,Article 12,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78
Germany - Federal Administrative Court, 1 C 10.15, 22 March 2016
Country of applicant: Iran

When a Member State accepts a request by Germany to take charge of an applicant in accordance with Regulation (EC) No 343/2003 of 18 February 2003 (the “Dublin II Regulation”), the applicant may be transferred to that Member State even if he/she limits his/her application to subsidiary protection after the request to take charge has been accepted.

Date of decision: 22-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 19,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,Article 3,Article 4,Article 5,Article 9,Article 16,Article 17,Article 18,Article 19,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 49,Treaty on the Functioning of the European Union 2010/C 83/01
UK - R on the Application of CK (Afghanistan) & Others and The Secretary of State for the Home Department, [2016] EWCA Civ 166, 22 March 2016
Country of applicant: Afghanistan

The absence of an individual right of the applicant to challenge the determination of the State responsible to examine their asylum claim on Dublin II grounds does not prohibit the autonomous application of ECHR Article 8 to decisions to remove persons from one Member State to another. However, taking into account the significance of the Regulation and the need to preserve its effectiveness, an especially compelling case would have to be demonstrated to deny removal following a Dublin II decision. When the Secretary of State has certified such human rights claims as clearly unfounded, it must be shown that the same decision could have been reached on reasonable grounds by an immigration judge.

Date of decision: 22-03-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Recital (1),Recital (3),Recital (4),Article 3,Article 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
Germany – Federal Administrative Court, 16 November 2015, 1 C 4.15
Country of applicant: Iraq

The provisions on responsibility for unaccompanied minors in Article 6 of the Dublin II Regulation are protective of the individual, as they not only govern relationships between Member States but (also) serve to protect fundamental rights.

Where there has been an unlawful rejection of an asylum application as inadmissible on grounds that another Member State is responsible under Section 27a of the German Asylum Act, this cannot be reinterpreted as a (negative) decision on a subsequent application under Section 71a of the Asylum Act, because of the different adverse legal consequences attached.

Date of decision: 16-11-2015
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 25,EN - Charter of Fundamental Rights of the European Union,Article 24,Article 51,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,Article 3,Article 5,Article 6,Article 10,Article 13,Article 15,Article 16,Article 17,Article 18,Article 19,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 49
Germany - Federal Administrative Court, 1 C 26.14, 17 September 2015
Country of applicant: Pakistan

The Dublin regulations do not allow for priority to be given to the processing of different types of transfer applications. In particular, there is no priority which favours a transfer application made on the Applicant’s own initiative as compared to one which is ordered by administrative compulsion. In deciding the application, the executing authority must allow the Applicant to transfer without administrative compulsion if it appears certain that (i) the Applicant will voluntarily travel to the Member State responsible for reviewing his application and, (ii) will report in a timely manner to the responsible authority. A transfer without administrative compulsion is not a deportation (Abschiebung), and therefore does not result in a statutory ban on entry and residence under Sec. 11 of the Residence Act (Aufenthaltsgesetz).

Date of decision: 17-09-2015
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 25,EN - Charter of Fundamental Rights of the European Union,Article 24,Art 24.1,Article 51,Art 25.1,Art 51.1,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Recital (3),Recital (4),Recital (15),Article 2,Article 3,Article 5,Article 6,Article 7,Article 10,Article 13,Article 15,Article 19,Article 20
Germany – High Administrative Court, 5 August 2015, Az. 1 A 11020/14
Country of applicant: Iran

An application to establish the suspensive effect of a pending appeal pursuant to Section 80, Paragraph 5 of the German Code of Administrative Court Procedure (Verwaltungsgerichtsordnung – VwGO) is not a legal remedy under Article 20, Paragraph 1 (d) of Council Regulation (EC) No 343/2003 of 18 February 2003 (“Dublin II Regulation”). A German court’s dismissal of a Section 80, Paragraph 5 application does therefore not suspend the 6-month deadline under Article 20, Paragraph 2 of the Dublin II Regulation for a member state of the European Union (“Member State”) to transfer an applicant to a Member State that has accepted (actually or  implicitly) a request to take charge. 

Date of decision: 05-08-2015
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 4,Article 18,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,1.,Article 10,Article 13,Article 19,Article 20,Article 27
ECtHR - V.M. and others v. Belgium, Application no.60125/11, 7 July 2015
Country of applicant: Serbia

A lack of attention paid to the vulnerability of the applicants as asylum seekers and children and their subsequent exposure to conditions of extreme poverty outside the State reception system has led to a violation of Article 3 of the Convention.

The procedure of requesting the suspensive effect of a decision rejecting an asylum application and ordering the transfer of an applicant to another Member State does not amount to an effective remedy under the Convention. 

Date of decision: 07-07-2015
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,2.,Article 16,1. (e),3.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 4,Article 6,Article 13,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
United Kingdom: Musud Dudaev, Kamila Dudaev and Denil Dudaev v Secretary of State for the Home Department, 12/6/2015
Country of applicant: Russia (Chechnya)

The case concerns a removal from the United Kingdom to Sweden under the Dublin II Regulation. In the present case the court considered compatibility of Schedule 3 paragraph 3(2) of the Asylum and Immigration Act with the EU Charter of Fundamental Rights and whether the presumption that Sweden would comply with its international legal obligations was rebutted. 

Date of decision: 12-06-2015
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 36,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 4,Recital 29,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,2.,Article 19,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3
UK - The Queen on the application of MS, NA, SG - and - The Secretary of State for the Home Department, [2015] EWHC 1095, 22 April 2015
Country of applicant: Afghanistan, Eritrea, Sudan

The presumption that Italy remains in compliance with its EU and International Law obligations related to the reception and integration of asylum seekers and Beneficiaries of International Protection has not been rebutted. Asylum seekers and BIPs suffering from severe psychological trauma can be returned to Italy with no real risk of breaching article 3 ECHR, or 4 CFREU, since the Country's reception capacities have not been exceeded, while effective medical treatment is available under the same terms as to Italian nationals.

Date of decision: 22-04-2015
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 26,Art 28,Art 29,Art 30,European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 4,Art 33,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 2,Article 13,Article 15,Article 17,Article 20,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,1.,2.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
France - Administrative Court of Lyon, 6 October 2014, M. M / Préfet du Rhône, No 1407555
Country of applicant: Kosovo

Hungary’s practice of not suspending its deportation procedures for second time asylum applicants amounts to a serious and unlawful interference with an applicant’s constitutionally guaranteed right to apply for refugee status.

Date of decision: 06-10-2014
Relevant International and European Legislation: EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation)