As per the press release: The State Secretary for Security and Justice has not provided sufficient reasons why the transfer of two foreign nationals to Hungary under the European Dublin Regulation is not contrary to the ECHR. This is apparent from two judgments from the Administrative Jurisdiction Division of the Council of State today (November 26, 2015). No appeal is possible against these judgments. Background: Both aliens initially applied for asylum in Hungary. They then applied for asylum in the Netherlands. The State Secretary has rejected the asylum applications and intends to transfer the foreign nationals to Hungary, which is responsible for processing their asylum applications under the Dublin Regulation. The aliens do not agree with that decision. Further investigation: In view of the so-called inter-state trust principle, Member States can in principle trust that the situation in another Member State is not contrary to the ECHR. However, there may be reason for further investigation by the State Secretary if there is "reasonable doubt" that the situation in another Member State does not meet the requirements of the ECHR. In the opinion of the Administrative Jurisdiction Division, there are reasonable doubts in this case in view of the information that the foreign nationals have submitted about the reception capacity, living conditions and the procedure in Hungary. In response to this, the State Secretary should have investigated further the situation in which these so-called Dublin claimants would end up if they were transferred to Hungary, according to the Supreme General Administrative Court. New decision: The State Secretary will have to take a new decision on the asylum applications of the two foreign nationals, taking into account the decisions of the Administrative Law Division.
For more information please consult our