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07/09/2022
DE: The Regional Administrative Court of Hanover decided, in proceedings for interim relief, the immediate suspension of a Dublin transfer to Croatia due to systemic deficiencies in the asylum and reception system

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); European Convention on Human Rights (ECHR)
Reference
Germany, Regional Administrative Court [Verwaltungsgericht], Applicant v BAMF, 15 B 3250/22, 07 September 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=2930
Case history
Other information
Abstract

In proceedings for interim relief, the Regional Administrative Court of Hanover suspended the implementation of a Dublin transfer to Croatia due to serious indications of systemic deficiencies in the asylum and reception system in Croatia. The court also stated that violent pushbacks were allegedly happening for a long time at the border with Serbia and/or Bosnia-Herzegovina and to a considerable extent as to raise concerns on human rights violations, contrary to the Article 3 ECHR and 4 EU Charter.


The court reiterated that systemic deficiencies within the meaning of Article 3 (2) of the Dublin III Regulation can be presumed only when the asylum procedure or the reception conditions in the responsible Member State are so deficient due to major functional disruptions which may result into an assumption that an asylum applicant in a specific individual case would be at a considerable likelihood to be subject to inhuman or degrading treatment, contrary to Article 3 ECHR and Article 4 EU Charter.


The court concluded that there were serious legal reasons to allow the appeal since the applicant’s interest outweighs the public interest and calls for an immediate suspension of the enforcement of the Dublin transfer to Croatia.


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
15 B 3250/22
Date of Decision
07/09/2022
Country of Origin
Unknown
Keywords
Access to procedures
Dublin procedure
Torture or inhuman or degrading treatment or punishment
Source
Asyl.net