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04/04/2023
DK: The Refugee Appeals Board overturned three decisions in which it had allowed Dublin transfers to Belgium, after the Belgian authorities refused to provide guarantees for adequate living conditions, specifically accommodation, for Dublin transferees, due to pressure on the reception system.

ECLI
Input Provided By
EUAA IDS
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
Denmark, Refugee Appeals Board [Flygtningenævnet], Applicants v Immigration Service, Dub-belg/2022/9, 04 April 2023. 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=3422
Case history

Denmark, Refugee Appeals Board [Flygtningenævnet], Applicant v Immigration Service, 2022/7, 26 January 2023. Link redirects to the English summary in the EUAA Case Law Database.
Other information
Abstract

In April 2023, the Refugee Appeals Board pronounced decisions in three reopened cases regarding Dublin transfers to Belgium, in which it had previously confirmed the transfers under the condition that prior to the transfer, guarantees would be obtained from Belgium that the authorities would provide adequate living conditions, including accommodation, and receive the persons concerned in accordance with the national legislation in Belgium and the country's EU law and other international obligations.


In February 2023, the Belgian authorities informed the Danish Immigration Service that the authorities cannot guarantee that those concerned will be offered accommodation on arrival in Belgium within a short time, as the reception system in Belgium was under great pressure. As a result, the Refugee Appeals Board decided to resume processing the cases and overturned the Immigration Service's decisions on the Dublin transfer.
Country of Decision
Denmark
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
Dub-belg/2022/9
Date of Decision
04/04/2023
Country of Origin
Unknown
Keywords
Dublin procedure
Reception/Accommodation
RETURN