Case summaries
Given the emergency of the situation, family reunification could only be refused in circumstances where the relevant individual does not comply with principles of public order.
As a result, the Court concluded that there were serious doubts as to the legality of the decisions refusing family reunification.
Neither Austrian law nor the provisions of the Dublin III Regulation provide for legal remedies against a Member State’s rejection of a request for admission. The Dublin Regulation provides for a remonstration procedure between the Member States concerned in the event of a rejection, whereby after expiry of the remonstration period the requesting Member State is finally responsible for examining the application for international protection. A later agreement after the remonstration period has expired cannot establish any responsibility.
Dublin III is characterised by the introduction or re-fortification of rights and mechanisms which guarantee the involvement of the asylum seeker in the determination process. Article 27(1) when read in conjunction with Recital 19 is ,therefore, to be interpreted as allowing an asylum seeker to appeal a transfer decision on grounds that the Chapter III allocation criteria were incorrectly applied.
This ruling concerned the scope of judicial review when reviewing compliance with the criterion of Article 10(1) for determining responsibility for examining an asylum application under Regulation 343/2003. The Court held that Art. 19(2) of the Regulation must be interpreted as meaning that, in circumstances where a Member State has agreed to take charge of an applicant for asylum on the basis of the Art. 10(1) criterion the only way in which the applicant for asylum can call into question the choice of that criterion is by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that Member State, which provide substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Art. 4 of the Charter.