Case summaries
Germany - Administrative Court of Meiningen, 26 January 2015, case no. 1 E 20386/14 Me
Country of applicant:
Syria
Keywords:
Assessment of facts and circumstances, Benefit of doubt, Crime against humanity, First country of asylum, Humanitarian considerations, Right to remain pending a decision (Suspensive effect), Safe third country, Dublin Transfer, Return
An applicant’s interest in remaining in a Member State pending a decision on their right to remain will prevail if, due to a lack of knowledge about the actual living situation of refugees in the third country and negative public reports regarding such situations, there can be no assurance that the applicant will be safe in said third country.
Date of decision:
26-01-2015
Relevant International and European Legislation:
EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Recital (22),Recital (23),Article 33