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01/10/2018
BE: Council for Alien Law Litigation's case concerned the suspension of the transfer of to Greece under Dublin Regulation.

ECLI
Input Provided By
EUAA IDS
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); Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X. (Cameroon) v Secretary of State for Asylum and Migration, Social Integration and the Fight against Poverty (Secrétaire d’Etat à l’asile et la Migration, à l’Intégration sociale et à la Lutte contre la Pauvreté), Judgment no. 210 384 Case no. 224.725/V, 01 October 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=631
Case history
Related cases:
Abstract

The Belgian Council on Alien Law Litigation ordered the suspension of the transfer of a Cameroonian national to Greece under the Dublin Regulation. The Cameroonian national lodged an application for international protection in Belgium in August 2018. However, Eurodac checks revealed that the applicant had first arrived in Greece, which promptly accepted the take back request. The applicant appealed the decision using a procedure of extreme urgency in order to suspend the transfer, claiming that her vulnerable state as a victim of gender-based violence would be exacerbated in Greece. The Council accepted the urgent character of the action and proceeded to assess the serious grounds and risk of harm that would justify the suspension, eventually annulling the transfer. In this assessment, the applicant’s vulnerability was deemed crucial, especially in light of previous incidents and the lack of adequate response mechanisms to protect victims of gender-based violence in Greece.

Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
Judgment no. 210 384 Case no. 224.725/V
Date of Decision
01/10/2018
Country of Origin
Cameroon
Keywords
Dublin procedure
Vulnerable Group