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17/10/2019
BE: The Council of State stated that the decision to extend the Dublin transfer time limit must be duly notified to the applicant

ECLI
Input Provided By
EUAA Asylum Report
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)
Reference
Belgium, Council of State [Raad van State - Conseil d'État], A.N.B.E.R.S. v Belgium, 245.799 , 17 October 2019. 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=979
Case history
Other information
Abstract

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019:


The Council for Alien Law Litigation (CALL) has annulled several Immigration Office’s “decisions” to extend the transfer time limit due to the fact the applicant had absconded. The CALL stated that Article 26 in conjunction with Article 29 (2) of the Dublin III Regulation, in view of Article 47 of the Charter of Fundamental Rights of the European Union, entails the obligation to notify the applicant in writing of the motivated decision to extend the transfer time limit, which the Immigration Office failed to do.  The Immigration Office lodged an appeal to the Council of State.


On 17/10/2019, the Council of State ruled that the right to an effective remedy against an administrative act, as it is provided by the Belgian law, is applicable to the “decision to extend the Dublin transfer time limit”, and therefore requires that such decision is motivated  and notified in writing to the applicant. Hence, a separate appeal procedure against the extension of the time limit is possible, apart from a transfer decision.


** No original document provided, no reference to original document provided, I can't find the document.  
Country of Decision
Belgium
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
245.799
Date of Decision
17/10/2019
Country of Origin
Keywords
Dublin procedure
Effective remedy