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Germany – High Administrative Court, 5 August 2015, Az. 1 A 11020/14
Country of applicant: Iran
Keywords: Responsibility for examining application, Request that charge be taken, Dublin Transfer, Request to take back

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
CJEU - C-394/12, Shamso Abdullahi v Bundesasylamt
Country of applicant: Somalia
Keywords: Effective access to procedures, Effective remedy (right to), Dublin Transfer

This ruling concerned the scope of judicial review when reviewing compliance with the criterion of Article 10(1) for determining responsibility for examining an asylum application under Regulation 343/2003. The Court held that Art. 19(2) of the Regulation must be interpreted as meaning that, in circumstances where a Member State has agreed to take charge of an applicant for asylum on the basis of the Art. 10(1) criterion the only way in which the applicant for asylum can call into question the choice of that criterion is by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that Member State, which provide substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Art. 4 of the Charter.

Date of decision: 10-12-2013
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Article 18,Article 47,Recital 29,Recital (3),Recital (4),1.,Article 10,Article 13,Article 16,Article 17,Article 18,Article 19,Article 27,Article 37
Spain - High National Court, 9 May 2013, No. 1935/2013
Country of applicant: Pakistan
Keywords: Inadmissible application, Responsibility for examining application, Request that charge be taken, Dublin Transfer

It is an administrative appeal brought before the High National Court against the Ministry of the Interior’s decision to deny an examination of the application for international protection by a claimant of Pakistani nationality, on the basis that Germany is responsible for the examination in accord with EU Regulation 343/2003 of 18th February (Dublin Regulation).

 

The High National Court had not yet evaluated the basis of the application for international protection because, before doing so, an obstacle to the proceedings arose:this concerned the determination of the country responsible for examining the application and, in particular, the breach of the legal time period for the transfer of this responsibility (a maximum period of 6 months for the transfer).

Date of decision: 09-05-2013
Relevant International and European Legislation: Article 19,Article 20,Article 27