Abstract
Majid Shiri, an Iranian national, has brought a challenge before the Austrian courts in relation to the decision refusing his application for international protection in Austria and his removal to Bulgaria. Mr Shiri sclaimed that Mr Shiri submits that, pursuant to the
Dublin III Regulation, Austria is now responsible for examining his application because he was not transferred to Bulgaria within a period of six months from the Bulgarian authorities’ agreement to take him back.
The Court ruled that, where the transfer does not take place within the six-month time limit, responsibility is transferred automatically to the Member State which requested that charge be taken of the person concerned (in this instance, Austria), without it being necessary for the Member State responsible (in this instance, Bulgaria) to refuse to take charge of, or take back, that person.
In addition, the Court holded that an applicant for international protection can rely on the
expiry of the six-month period, irrespective of whether that period expired
before or after the transfer decision was adopted. The Member States are obliged to provide
in this regard for an effective and rapid remedy.
The Court also stated that the right, provided for by Austrian legislation, to plead circumstances subsequent to the adoption of the transfer decision, in an action brought against that decision, amounts to an effective and rapid remedy enabling the expiry of the transfer period to be relied upon.
Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
Case C-201/16
ECLI:EU:C:2017:805
Date of Decision
25/10/2017
Keywords
Dublin procedure