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18/03/2022
DE: The Regional Administrative Court Aachen, in proceedings for interim relief, cancelled a Dublin transfer to Poland because the latter requested the suspension of Dublin transfers due to the war in Ukraine.

ECLI
ECLI:EN:VGAC:2022:0318.6L156.22A.00
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
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
Germany, Regional Administrative Court [Verwaltungsgericht], Applicant v Federal Office for Migration and Refugees (BAMF), 6 L 156/22.A, ECLI:EN:VGAC:2022:0318.6L156.22A.00, 18 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=2535
Case history
Other information
Abstract

The BAMF decided that the applicant has to be transferred to Poland under the Dublin III Regulation. The applicant contested the transfer and argued that the removal would be unlawful. In proceedings for interim relief, the Regional Administrative Court of Aachen mentioned that by letter of 28 January 2022, Poland initially replied to the Federal Office's request for admission of 28 December 2021 that it was prepared to take charge of the applicants under Article 13(1) of the Dublin III Regulation. Thus, Poland's willingness to accept the applicant was still established at the time of the BAMF decision. However, on 25 February 2022, Poland sent circulars to all EU Dublin authorities and stated that : “[...] Due to the situation on the territory of Ukraine, Poland immediately suspends all INCOMING transfers. All incoming transfers are suspended until further notice. Please cancel all incoming transfers scheduled from 28.02.2022.” The court further stated that the background of the Polish circular of 25 February 2022 was the war in Ukraine which resulted into a high number of displaced persons, according to the EU Commission estimation on 27 February 2022, up to 7 million. Moreover, the court noted that it was not foreseeable when Poland would be willing to admit Dublin applicants, thus the Dublin transfer was cancelled.


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
6 L 156/22.A
Date of Decision
18/03/2022
Country of Origin
Keywords
Dublin procedure