Case summaries
Germany - Administrative Court of Minden, 2 October 2015, case no. 10 L 923/15.A
Keywords:
Benefit of doubt, Burden of proof, Effective remedy (right to), First country of asylum, Inhuman or degrading treatment or punishment, Right to remain pending a decision (Suspensive effect), Safe third country, Reception conditions, Dublin Transfer
An Applicant’s interest in remaining in a Member State pending a final decision on his asylum status prevails over the public’s interest in immediate enforcement of an ordered transfer if the appropriate asylum procedure of an Applicant in the country to which the Applicant would be deported cannot be ensured (Hungary).
Date of decision:
02-10-2015
Relevant International and European Legislation:
1951 Refugee Convention,Art 33,Art 33.1,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,Article 18,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,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 2,Article 3,Article 17,Article 38,Article 39