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Germany – Administrative Court Regensburg, Order of 9 January 2019 – RN 6 S 18.50495
Country of applicant: Sierra Leone

The extension of the transfer period in accordance with Art. 29 para. 2 sentence 2 Dublin Regulation (EU) No. 604/2013 (Dublin III Regulation) requires that the asylum applicant absconds, which has to be proven by the transferring authority.

Absconding is only the case, if the asylum applicant cannot be reached by the competent authorities for an (undefined) longer period of time. The intention to evade the authorities does not have to be proven. The circumstances of the individual case are decisive.

Date of decision: 09-01-2019
Relevant International and European Legislation: Article 13,Article 2,Article 13,Article 17,Article 25,Article 29,Article 5
Spain - The Spanish National Court. Chamber for Contentious-Administrative Proceedings, 28th December 2017, Appeal No. 607/2016
Country of applicant: Ethiopia

Law 12/2009 establishes a special guarantee for applications for international protection filed at the border, providing that legal assistance is mandatory at the time of formalising the request, and has to be provided even if the applicant does not ask for it or rejects it.

Moreover, communication must be in the language preferred by the applicant unless there is another language that he understands and in which he is able to communicate clearly.

Date of decision: 28-12-2017
Relevant International and European Legislation: European Union Law,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 3,Article 5,Article 12,Article 15,Article 19,Article 20,Article 22,Article 23,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 3,Article 4,Article 5