Case summaries
CJEU - C-646/16, Khadija Jafari and Zainab Jafari
Country of applicant:
Afghanistan
Keywords:
Inhuman or degrading treatment or punishment, Request that charge be taken, Dublin Transfer
A third-country national whose entry was tolerated by the authorities of one Member State faced with the arrival of an unusually large number of third-country nationals seeking transit through that Member State in order to lodge an application for international protection in another Member State, without fulfilling the entry conditions generally imposed in the first Member State, must be regarded as having ‘irregularly crossed’ the border of the first Member State within the meaning of that provision. Article 13(1) of the Dublin Regulation III therefore applies and Croatia is deemed to be responsible for the protection claims.
Date of decision:
26-07-2017
Relevant International and European Legislation:
European Union Law,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 2,Article 3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Recital (25),Recital (41),Article 1,Article 2,Article 3,Article 7,Article 12,Article 13,Article 14,Article 17,Article 33,Article 34