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28/09/2023
BE: The CALL rejected an appeal against a decision to transfer the applicant to Bulgaria under the Dublin procedure

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 . 294 809, 28 September 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=4049
Case history
Other information
Abstract

The case concerned a decision on a Dublin transfer to Bulgaria and the refusal of the authorities to issue a residence because it deemed Bulgaria was responsible to process the asylum application. The CGRS reasoned its decision based on facts in the case and reports with regards to the situation in Bulgaria. The CGRS referred to information updated on legal provision and their implementation as made available by EUAA in the Dublin factsheet.


The CALL rejected the appeal because it found that the CXGRS duly reasoned and analysed the case and that the applicant did not demonstrate that the transfer to Bulgaria would entail a risk of violation of Article 3 ECHR neither on grounds related to structural deficiencies in the asylum or reception system nor based on individual circumstances.


 
Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
no . 294 809
Date of Decision
28/09/2023
Country of Origin
Keywords
Dublin procedure
EUAA Other Materials
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment
Source
CALL Database
Original Documents