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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 of Saarland, 9 December 2014, case no. 2 A 313/13
Country of applicant: Iraq

A Member State is responsible for the asylum application of an unaccompanied minor if the minor does not have a family member in said Member State and the minor's application has been finally rejected in another Member State, provided that the unaccompanied minor resides in the relevant Member State.

The responsibility for examining an application does not cease to apply upon the mere acceptance of a request to take charge by another Member State.

Date of decision: 09-12-2014
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 24.2,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 5,Article 6,Article 7,Article 10,Article 15,Article 19,Article 20
Sweden - Migration Court of Appeal, 9 December 2013, UM 1412-13, MIG 2013:23
Country of applicant: Syria

A transfer in accordance with the Dublin Regulation does not require the Swedish Migration Board to investigate ex officio whether there are deficiencies in the asylum system in Italy. The transfer does, however, breach the right to a family life, in accordance with Article 8 of the European Convention on Human Rights.

Date of decision: 09-12-2013
Relevant International and European Legislation: Art 21,Article 7,2.,Article 15,Article 3,Article 8
Finland - Helsinki Administrative Court, 4 July 2013, Hehao 13/0757/1
Country of applicant: Syria

The Helsinki Administrative Court considered the Applicant to be particularly vulnerable in relation to Italy due to her health condition, the traumatic experiences in Syria and the country of origin information regarding the asylum system in Italy. She would suffer from serious harm if returned there. The Helsinki Administrative Court returned the case for new processing by the Finnish Immigration Service.

Date of decision: 04-07-2013
Relevant International and European Legislation: 2.,Article 15
Italy - Council of State, 1 February 2013, No. RG 4573/2011
Country of applicant: Turkey
Keywords: Dublin Transfer

An asylum seeker cannot be considered to have ‘absconded’ within the meaning of the Dublin II Regulation because they failed to respond to a request to come to a police station in order to regularise their situation as an asylum seeker.

Date of decision: 01-02-2013
Relevant International and European Legislation: Art 22,Article 15,Article 20
CJEU - C-245/11 K v Bundesasylamt
Country of applicant: Unknown

This case concerns the interpretation and application of Article 15 of the Dublin Regulation, commonly known as the humanitarian clause, in a specific set of circumstances where the asylum seeker concerned has a daughter in law who is seriously ill, and on account of cultural factors, at risk or has grandchildren below the age of majority, who, as a result of the daughter-in-law’s illness are in need of care and the asylum seeker concerned is both willing and able to support them. The CJEU held in circumstances such as those Article 15(2) must be interpreted so as to make that Member State responsible for the asylum seekers claim. This is applicable even if the Member State which was responsible pursuant to the criteria laid down in Chapter III of the Regulation did not make that request.

Date of decision: 06-11-2012
Relevant International and European Legislation: Article 4,Article 7,Recital (3),Recital (4),Recital (6),Recital (7),Recital (15),Article 1,Article 2,1.,2.,Article 15,Article 3,Article 8
Austria – Constitutional Court, 11 June 2012, U653/12
Country of applicant: Russia

The decision to expel an orphaned minor to Poland when he had a legal guardian in Austria gave rise to a real risk of a violation of Art 8 ECHR. The Asylum Court made its decision without providing clear reasons. The applicant’s family ties in the home country and in Austria must be considered, regardless of the duration of the applicant’s stay in Austria. The sovereignty clause must be applied when there is a real risk of a violation of Art 8 ECHR.

Date of decision: 11-06-2012
Relevant International and European Legislation: Art 9.2,2.,Article 6,Article 15,Article 8
Austria – Asylum Court, 16 January 2012, S22 423.415-1/2011-3E
Country of applicant: Afghanistan

The Asylum Court rejected an appeal against the decision to expel the applicant, who has a medical condition, and her daughter to Italy. The situation in Italy was assumed to be in accordance with the Reception Conditions Directive and there was, therefore, no real risk of a violation of Art 3 ECHR. There was no violation of Art 8 ECHR as the applicant’s son had been living in Austria for 10 years, which meant there was no family life worth protecting.

Date of decision: 16-01-2012
Relevant International and European Legislation: Article 13,Article 15,Article 17,Article 15,Article 16,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 8