Case summaries
The case concerned the inadmissibility of an application for international protection considering the Dublin II criteria and the validity of a visa.
If a Member Sate has issued a visa that enables an applicant to enter its territory and that visa has expired less than six months previously, that Member State is responsible for the examination of the applicant’s asylum application as long as the applicant has not left the territory of the EU Member States. In this case, the visa issued by Slovenian authorities expired only 5 days before the asylum application was made in France. Slovenia was, therefore, the responsible Member State under Art 9(4) 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.