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Germany- Administrative Court Braunschweig, 12th of October 2016, 5 A 332/ 15
Country of applicant: Somalia
Keywords: Reception conditions, Dublin Transfer, Material reception conditions, Vulnerable person

A Dublin Transfer to Italy should be prevented when the person concerned is a vulnerable person as per in Article 3 (2) Dublin III Regulation.

Date of decision: 12-10-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,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 3,Article 49
Slovenia - Administrative Court of the Republic of Slovenia, 29 July 2016, Judgment I U 1102/2016
Country of applicant: Afghanistan
Keywords: Detention, Standard of proof, Dublin Transfer

The Slovenian legislature has not fulfilled its obligations under the provisions of Article 2(n) of the Dublin Regulation. The possibility of an analogous application of Article 68 of the Aliens Act-2 has a very weak basis in terms of the objective criteria required. It can only be sufficient in a particular case if in light of the specific circumstances of the case there is no doubt about the existence of the risk of absconding.

Date of decision: 29-07-2016
Relevant International and European Legislation: 1951 Refugee Convention,Art 31,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 6,Article 53,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (27),Recital (54),Article 9,Article 26,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (9),Article 3,Article 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 2,Article 28,Article 49,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (15),Recital (16),Recital (17),Recital (18),Recital (19),Recital (20),Article 2,Article 7,Article 8,Article 9,Article 10,Article 11,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78
Germany – Administrative Court Lüneburg, 24. May 2016, 5 A 194/ 4
Country of applicant: Somalia
Keywords: Right to remain pending a decision (Suspensive effect), Responsibility for examining application, Dublin Transfer

Art 20 (3) of the Dublin III Regulation is no longer applicable when a minor subsequently enters another member state after the application for international protection of his/ her relative is completed.

Date of decision: 24-05-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 2,Article 3,Article 7,Article 8,Article 9,Article 13,Article 16,Article 20,Article 49
Germany - Federal Administrative Court, 1 C 22.15, 27 April 2016
Country of applicant: Syria
Keywords: Right to remain pending a decision (Suspensive effect), Subsequent application, Inadmissible application, Responsibility for examining application, Request that charge be taken, Dublin Transfer, Request to take back, Residence document

The Federal Administrative Court (the “Court”) suspended its decision and referred the case to the European Court of Justice (“CJEU”) pursuant to Art. 267 of the Treaty on the Functioning of the European Union (“TFEU”) to obtain a preliminary ruling with regards to the following question:

Do the provisions of Regulation No. 604/2013 (“Dublin-III-Regulation”) 

i)  the obligation of a Member State to (re-)file a request to take back the applicant with another Member State; and

ii) the possible transfer of the responsibility for examining an application,

apply in relation to an applicant who has been deported to the Member State where he had first entered the EU and illegally re-enters the Member State that had filed the request to take back and deported the applicant.

The 6-month period under Art. 29 (1) Dublin-III -Regulation begins after the request by another Member State to take charge or to take back the person concerned has been accepted or the fiction of such acceptance (Art. 29(1) first alternative) or of the final decision on an appeal or review where there is a suspensive effect in accordance with Article 27(3) (Art. 29(1) second alternative). In the second case, the later event determines when the time limit begins to run, unless the time limit for the transfer triggered by the acceptance of the request to take back or to take charge has already expired. In such a case, the latter event is decisive to determine when the period begins, unless the 6-month period triggered by the (deemed) acceptance had already expired. 

Date of decision: 27-04-2016
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 6,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 7,Article 9,Article 13,Article 18,Article 21,Article 22,Article 23,Article 24,Article 25,Article 27,Article 29,Article 35,Article 49,Treaty on the Functioning of the European Union 2010/C 83/01,Article 267 § 2,Article 267 § 1 (b)
Germany - Federal Administrative Court, 1 C 10.15, 22 March 2016
Country of applicant: Iran
Keywords: Right to remain pending a decision (Suspensive effect), Subsequent application, Subsidiary Protection, Inadmissible application, Responsibility for examining application, Request that charge be taken, Dublin Transfer

When a Member State accepts a request by Germany to take charge of an applicant in accordance with Regulation (EC) No 343/2003 of 18 February 2003 (the “Dublin II Regulation”), the applicant may be transferred to that Member State even if he/she limits his/her application to subsidiary protection after the request to take charge has been accepted.

Date of decision: 22-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 19,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,Article 3,Article 4,Article 5,Article 9,Article 16,Article 17,Article 18,Article 19,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 49,Treaty on the Functioning of the European Union 2010/C 83/01
Germany – Federal Administrative Court, 16 November 2015, 1 C 4.15
Country of applicant: Iraq
Keywords: Best interest of the child, Subsequent application, Unaccompanied minor, Dublin Transfer, Request to take back

The provisions on responsibility for unaccompanied minors in Article 6 of the Dublin II Regulation are protective of the individual, as they not only govern relationships between Member States but (also) serve to protect fundamental rights.

Where there has been an unlawful rejection of an asylum application as inadmissible on grounds that another Member State is responsible under Section 27a of the German Asylum Act, this cannot be reinterpreted as a (negative) decision on a subsequent application under Section 71a of the Asylum Act, because of the different adverse legal consequences attached.

Date of decision: 16-11-2015
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 25,EN - Charter of Fundamental Rights of the European Union,Article 24,Article 51,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,Article 3,Article 5,Article 6,Article 10,Article 13,Article 15,Article 16,Article 17,Article 18,Article 19,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 49
Germany- Higher Administrative Court of Saxony, 5. October 2015, 5 B 259/15.A
Country of applicant: Libya
Keywords: Burden of proof, Right to remain pending a decision (Suspensive effect), Responsibility for examining application, Dublin Transfer, Request to take back

Where the transfer does not take place within the six months’ time limit, the Member State responsible shall be relieved of its obligations to take charge or to take back the person concerned and responsibility shall then be transferred to the requesting Member State Art. 29 (2) of the Dublin III Regulation.

Date of decision: 05-10-2015
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 19,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 7,Article 12,Article 27,Article 29,Article 34,Article 42,Article 49