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29/06/2021
DE: The Regional Administrative Court stated that one year procedural delay to await specific assurances for an applicant who received protection in Greece is not justified

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Germany, Regional Administrative Court [Verwaltungsgericht], Applicant v The Federal Republic of Germany, represented by Federal Office for Migration and Refugees, No 12 A 3583/21, 29 June 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1970
Case history
Other information
Abstract

The case concerned the delays of the Federal Office for Asylum (BAMF) to take a decision in an asylum application where the respective applicant is pending transfer to Greece, having been granted international protection there. The BAMF has requested specific assurances in terms of proper accommodation for the applicant to the Greek authorities by communications of 13 May and 2 June 2020.


The Administrative Court of Hannover considered that in the absence of a reply from Greek authorities to an inquiry on assurances for the applicant within a reasonable timeframe, precisely 6 months, BAMF shall proceed to the examination of the asylum application without awaiting for the receipt of individual assurances or a reply from the Greek authorities.


The Administrative Court took into consideration the availability of plenty of up-to-date reports and information on the situation of beneficiaries of international protection in Greece, including developments related to the COVID-19 situation. A one-year procedural delay for assessing an application was not justified in this case, in the absence of particular difficulties to clarify the facts of the case.


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
No 12 A 3583/21
Date of Decision
29/06/2021
Country of Origin
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
Return/Removal/Deportation
Secondary movements
Source
Asyl.net