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28/03/2022
DE: The Federal Administrative Court rejects appeal on points of law in secondary movement case

ECLI
ECLI:EN:BVerwG:2022:280322B1B9.22.0
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Germany, Federal Administrative Court [Bundesverwaltungsgericht], BAMF v Applicant, 1 B 9.22, ECLI:EN:BVerwG:2022:280322B1B9.22.0, 28 March 2022. 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=2514
Case history
Other information
Abstract

The applicant had been granted international protection in Italy and has further applied for protection in Germany. The applicant contested that his asylum application was rejected, and the return ordered, and the High Administrative Court considered that the transfer to Italy was not possible due to the risk of a treatment contrary to Art 3 ECHR based on a lack of access to housing and employment.


The BAMF submitted an appeal on points of law claiming that the High Administrative Court failed to respect the duty to provide information or the obligation to dispute arising from the principle of persuasion.


The Federal Administrative Court rejected the appeal on points of law and stated that the BAMF did not raise any issue related to procedural aspects that would allow such an appeal. The Federal Administrative Court reiterated that  the result of the assessment of evidence cannot be criticised, but only a procedural issue on the way there. Whether the court ruled on a too narrow factual basis is, in principle, a question of assessment of facts and evidence attributable to substantive law, on which a procedural complaint cannot be based before the Federal Administrative Court. Exceptionally, a procedural violation is considered if the challenged judgment is based on incorrect or incomplete facts, which error was not identified in the present case. Moreover, the case does not raise an issue of fundamental importance.


Country of Decision
Germany
Court Name
DE: Federal Administrative Court [Bundesverwaltungsgericht]
Case Number
1 B 9.22
Date of Decision
28/03/2022
Country of Origin
Keywords
Secondary movements
Torture or inhuman or degrading treatment or punishment
RETURN