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24/02/2021
DE: The regional administrative court rejected appeal against Dublin transfer to Croatia

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
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 BAMF, M 30 S 21.50066, 24 February 2021. 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=3298
Case history
Other information
Abstract

The applicant are Afghan nationals who requested asylum in Germany, and they were subject to a Dublin transfer to Croatia. The Regional Administrative Court of Munich rejected the appeal against the Dublin transfer and considered that there is no indication of a likelihood that in the event of transfer to Croatia the applicants would be exposed to a risk of inhuman or degrading treatment due to the systemic deficiencies in the asylum and reception system. In case of need for medical treatment, the court found that outpatient and inpatient treatment is generally ensure in Croatia and covers all diseases and the necessary medication. The court added to its findings that applicants with special needs are also being protected.


In addition, the court took note that if the application for asylum submitted in Croatia is deemed to have been withdrawn, then the Dublin returnee can fill in a renewed application and although the new application will be considered as a subsequent one, the applicant will have legal protection.


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
M 30 S 21.50066
Date of Decision
24/02/2021
Country of Origin
Afghanistan
Keywords
Dublin procedure
Torture or inhuman or degrading treatment or punishment