Case summaries
While accepting that Hungary is the responsible EU State for processing the applicant's asylum application (Article 18(1) Dublin Regulation III), the Court held that a transfer to Hungary may not occur due to systemic flaws in the asylum procedure and reception conditions in Hungary, that would put the applicant at a serious risk of suffering inhuman or degrading treatment within the meaning of Article 4 Charter of Fundamental Rights of the European Union (CFR) and Article 3 of the European Convention on Human Rights (ECHR) (Article 3 para 2 Dublin III) .
The Austrian asylum authorities have to consider accurately and comprehensively the changes in the legal situation and the development of the actual situation of asylum seekers in Hungary when deciding on a Dublin transfer to this country.
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.
In Dublin Transfer matters handled by the Migration Board, an Applicant may have the right to Legal Aid even though this right is not specifically provided in the Dublin III Regulation. In such cases, the right to Legal Aid will be provided pursuant to the Swedish Aliens Act and will depend on factors such as indications that a transfer should not occur due to circumstances in the receiving Member State or other reasons which would make it inappropriate to execute the transfer.