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07/04/2023
BE: The CALL suspended a decision on a Dublin transfer to Lithuania

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
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
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant v CGRS, no 287 338, 07 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=4046
Case history
Other information
Abstract

The case concerned an applicant whose application was not processed because Lithuania was found as Member State responsible in view of the Dublin III Regulation. Lithuanian authorities accepted the take back request, and the applicant submitted an appeal against the decision to transfer and also requested interim measures. His request was based on allegations of ill-treatment if sent back to Lithuania due to poor conditions in the reception centers and his previous experience there while submitting an asylum application. The CALL found that the CGRS did not diligently examine the allegations related to the risk of of a violation of Article 3 of the ECHR.


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
no 287 338
Date of Decision
07/04/2023
Country of Origin
Keywords
Dublin procedure
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment
Source
CALL Database
Original Documents