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26/07/2022
DE: The Administrative Court of Freiburg (Breisgau) annulled a Dublin transfer to Croatia due to systemic deficiencies of the asylum system and risk of indirect refoulement.

ECLI
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); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Germany, Regional Administrative Court [Verwaltungsgericht], Applicants v BAMF, A 1 K 1805/22, 26 July 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=2820
Case history
Other information

Austria, Administrative Court [Verwaltungsgericht], Applicant (Morocco) v Austrian Police, LVwG 20.3-2725/2020-86, 01 July 2021. 
Abstract

The case concerned an appeal lodged by the applicants against a Dublin transfer to Croatia on grounds that they would be at risk of indirect refoulement to Serbia or Bosnia-Herzegovna without having access to the asylum procedure in Croatia. The claim was based on alleged systemic deficiencies in the asylum system in Croatia.


The Administrative Court of Freiburg (Breisgau) allowed the appeal and found that the long systemic deficiencies in the asylum system in Croatia and the recent incidents of ‘push-back’ indicate that there is a risk for the applicants to be expulsed to Bosnia-Herzegovina or Se4rbia without access to the asylum procedure and that they would be at risk of a treatment contrary to the Article 4 EU Charter.


The Administrative Court also mentioned that the risk is not purely theoretical but actual and real, being confirmed in the jurisprudence of the Austrian court, namely Styrian Provincial Administrative Court (ruling of 1 July 2021) and a Slovenian Administrative where the courts found that persons transferred to Croatia were deported to Bosnia Herzegovina.
Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
A 1 K 1805/22
Date of Decision
26/07/2022
Country of Origin
Unknown
Keywords
Access to procedures
Dublin procedure
Non-refoulement
Source
asyl.net