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05/04/2018
AT: Supreme Court ruled on the Art.13 (1) of the Dublin Regulation when the TCN voluntary travel to a third country.

ECLI
ECLI:AT:VWGH:2018:RA2017190169.L09
Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
No
Original Documents
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
Austria, Supreme Administrative Court [Verwaltungsgerichtshof - VwGH], Applicant (Afghanistan) v Austrian Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl- BFA), Ra 2017/19/01699 , ECLI:AT:VWGH:2018:RA2017190169.L09, 05 April 2018. 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=547
Case history
Related cases:
Abstract

In response to a legal remedy filed against the Federal Office for Immigration and Asylum, the Supreme Administrative Court ruled that, in accordance with Art 13 para 1 of the Dublin III Regulation (604/2013), the Member State whose border an individual applying for international protection had crossed irregularly is responsible for examining that application (ruling in case Ra 2017/19/0169-9 of 5 April 2018). The court furthermore ruled that this rule applied even if the individual did not apply for international protection in that Member State but instead submitted the application later in another Member State after brief voluntary travel to a third country. The Member State’s responsibility as defined in Art 13 para 1 of the Dublin III Regulation did not cease even if the person concerned departs briefly from EU territory, the court held. In the specific case, an individual had traveled via the Islamic Republic of Iran and Turkey to Bulgaria, where the person first entered EU territory. After staying in Bulgaria for two weeks, the person traveled via Serbia to Hungary and then on to Austria. The person did not apply for international protection while in Bulgaria and Hungary but only later, after arriving in Austria. The Supreme Administrative Court ruled that Bulgaria was responsible for the application.

Country of Decision
Austria
Court Name
AT: Supreme Administrative Court [Verwaltungsgerichtshof - VwGH]
Case Number
Ra 2017/19/01699
Date of Decision
05/04/2018
Country of Origin
Afghanistan
Keywords
Afghanistan
Dublin procedure