Case summaries
Germany - Administrative Court of Cologne, 02 June 2015, case no. 16 K 2829/14.A
Country of applicant:
Iran
Keywords:
Inhuman or degrading treatment or punishment, Non-refoulement, Safe third country, Reception conditions, Dublin Transfer
When enforcing the Dublin III Regulation, the deporting country must verify whether the asylum procedure in the intermediary country sufficiently guarantees that the applicant will not be subject to a treatment which violates Article 3 of the European Convention on Human Rights. The deportation order was illegitimate due to inadequate conditions for the reception of asylum seekers and recognised refugees in Greece and the serious risk of inhuman or degrading treatment for asylum seekers and recognised refugees in Greece.
Date of decision:
02-06-2015
Relevant International and European Legislation:
1951 Refugee Convention,European Union Law,International Law,Council of Europe Instruments,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,(d),Article 4,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 20,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011