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28/07/2022
DE: The Regional Administrative Court of Arnsberg allowed claim a against the implementation of a Dublin transfer to Romania, due to the impact of the situation in Ukraine

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
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 BAMF, 8 L 359/22.A , 28 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=2821
Case history
Other information
Abstract

The case concerned a Dublin transfer to Romania where BAMF found that the applicant has illegally entered Romania from Serbia in November 2021 and applied first for international protection in Romania. The applicant contested the transfer and its enforcement. The Regional Administrative Court of Arnsberg allowed the claim and found that a brief examination cannot determine whether there are systemic weaknesses in the Romanian asylum system or regarding the reception conditions there due to the war in Ukraine and the high number of people seeking protection from Ukraine. The court took into account that the Romanian authorities announced in a letter of 28 February 2022 that Dublin transfer will be accepted only in urgent cases and that the current situation in Ukraine and the influx of migrants from there are not foreseeable.
Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
8 L 359/22.A
Date of Decision
28/07/2022
Country of Origin
Unknown
Keywords
Dublin procedure
Source
asyl.net