Case summaries
Germany - Bavarian Administrative Court (Munich), 7 January 2015, M 11 S 14.50682
Country of applicant:
Afghanistan
Keywords:
Effective access to procedures, Benefit of doubt, Detention, Effective remedy (right to), First country of asylum, Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Refugee Status, Reception conditions, Dublin Transfer, Integration measures, Health (right to)
Where negative reports regarding the reception conditions and inhuman or degrading treatment in a first country of asylum indicate that an Applicant may not be safe in such a country, an Applicant’s request to remain in a Member State pending a decision on their right to remain must be given the benefit of doubt and outweigh the public’s interest in immediate enforcement of the ordered transfer.
Date of decision:
07-01-2015
Relevant International and European Legislation:
EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 13,Article 17,Article 18
Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 30 July 2013 no IV SA/Wa 2855/12 quashing the decision of the Refugee Board on finding the application inadmissible and discontinuing the procedure
Country of applicant:
Russia
Keywords:
Subsequent application, Family unity (right to)
The Court found that the decision refusing protection and containing a return order issued to an asylum seeker, whose spouse obtained a temporary residence permit within a regularisation action, would infringe his right to respect for family life, as defined in the ECHR.
Date of decision:
30-07-2013
Relevant International and European Legislation:
European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 7,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 17,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 32,UN Convention on the Rights of the Child