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08/06/2021
EE: Supreme Court ruled that the status of an applicant for international protection does not depend on the Member State in which the person is staying in the case of Dublin proceedings.

ECLI
ECLI:EE:RK:2021:3.20.1943.9636
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Order
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
Estonia, Supreme Court [Riigikohtusse Poordujale], Police and Border Guard Board v X (Application of the Police and Border Guard Board for permission to detain X and place him in a detention center), 3-20-1943 / 36, ECLI:EE:RK:2021:3.20.1943.9636, 08 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=2213
Case history
Other information
Abstract

The court ruled that the status of an applicant for international protection does not depend on the Member State in which the person is staying. The fact that a person has been the subject of a transfer decision in one Member State does not have the consequence of losing his or her status as an applicant if his or her international protection proceedings are pending in another Member State.
Country of Decision
Estonia
Court Name
EE: Supreme Court [Riigikohtusse Poordujale]
Case Number
3-20-1943 / 36
Date of Decision
08/06/2021
Country of Origin
Unknown
Keywords
Detention/ Alternatives to Detention
Dublin procedure