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04/11/2014
The ECtHR ruled on the return on a family of asylum seekers to Italy only with individual guarantees

ECLI
ECLI:CE:ECHR:2014:1104JUD002921712
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
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); EU Charter of Fundamental Rights (EU Charter); Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC; Recast Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection)(recast RCD) and/or RCD 2003/9/CE
Reference
Council of Europe, European Court of Human Rights [ECtHR], Tarakhel v Switzerland, Application no. 29217/12, ECLI:CE:ECHR:2014:1104JUD002921712, 04 November 2014. 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=717
Case history
Other information
Abstract

The judgment concerns the threatened expulsion to Italy under Dublin II Regulation of a family of Afghan nationals seeking asylum. 


According to the case report published by ECHR: 


"The requirement of “special protection” of asylum-seekers is particularly important when the persons concerned are children, in view of their specific needs and their extreme vulnerability. This applies even when the children seeking asylum are accompanied by their parents. National authorities intending to issue a removal order under the Dublin II Regulation must therefore obtain assurances that on arrival in the requested State the persons concerned will be received in facilities and in conditions adapted to the age of the children and that the family unit will be kept together; otherwise, the removal order is liable to be in breach of Article 3 of the Convention (see paragraphs 119-20 of the judgment)."
Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
Application no. 29217/12
Date of Decision
04/11/2014
Country of Origin
Afghanistan
Keywords
Dublin procedure
Minor / Best interests of the child
Reception/Accommodation
Vulnerable Group
Source
HUDOC
RETURN