Case summaries

This ruling concerned the determination of the Member State responsible when the Member State primarily designated as responsible according to the criteria in the Dublin II Regulation has systemic deficiencies leading to substantial grounds for believing that the asylum seeker facing transfer there would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter. It does not in itself mean that the determining Member State is required to examine the asylum application under Article 3(2) but must further examine the criteria under Chapter III of the Regulation. 

The case examines the allegations of an Afghan national that the extension of his detention for an additional two months had been unlawful and contrary to Article 5(1) of the Convention and that he had not had at his disposal an effective remedy for the review of his detention in violation of Article 5(4) ECHR. 

This was an appeal against the decision to transfer an applicant to Hungary, when that applicant had first entered the EU through Greece. The argument that Greece’s formal responsibility for the applicant was “interrupted” by the applicant leaving the EU for a short term is contrary to Art 16(3) Dublin Regulation and must be dealt with by initiating procedures for a preliminary ruling at the CJEU. A preliminary ruling should also address the systemic failure of the asylum system in Greece, the risk of a violation of Art 3 ECHR and whether this results in a different Member State being responsible for the asylum procedure.

This was an appeal against the decision to transfer the applicant to Hungary on the ground that Hungary would transfer the applicant to Serbia, which would amount to indirect refoulement in violation of Article 3 ECHR. The Asylum Court allowed the appeal and held that, although Hungary can be assumed as a safe country, if an applicant gives individual reasons for why Hungary is not safe these must be examined in detail. 

This was an appeal against the decision to transfer the applicant to Hungary despite the applicant’s claim that he had first applied for asylum in Greece. The fact that there were no fingerprints on EURODAC did not prove the applicant had never been to Greece and according to Article 16(3) Dublin regulation Greece’s responsibility for the application would only expire if the applicant left the European Union for more than 3 months. However, since a deportation to Greece would violate Art 3 ECHR, the applicant should be admitted to the asylum procedure in Austria.

Legality of detention in the event of imminent deportation to Greece, if the detention was imposed before the judgment by the ECtHR in the case M.S.S. v Belgium and Greece (application no. 30696/09) and there is an enforceable expulsion decision.

This was an appeal against the decision to transfer an asylum applicant to Poland. The Council of State rejected the applicant’s claim that he was not informed about the Dublin procedure in a language intelligible to him, as the applicant had indicated he understood Russian and an interpreter had been provided. Moreover, the circumstances necessary to apply Art 3(2) Dublin Regulation had not been met.

A transfer to Greece within the framework of the Dublin Regulation was stopped due to the conditions for asylum seekers in the country.

The Constitutional Court allowed an appeal against a decision to expel a single mother and her three minor children to Greece. It is necessary that Greece ensure appropriate accommodation will be provided for vulnerable persons in each case. The applicants are vulnerable persons and the lack of assurance from Greece, therefore, gave rise to a real risk of a violation of Art 3 ECHR.

In a decision on whether the return of an unaccompanied minor to Hungary under the Dublin Regulation is unlawful in light of Art. 3 ECHR and therefore the sovereignty clause should be used, Art. 24(2) of the Charter of Fundamental Rights of the European Union(CFRU – best interest of the child as a primary consideration for authorities) is significant.