In Case C-411/10 N.S., the applicant, an Afghan national, came to the UK after travelling through, inter alia, Greece. He did not apply for asylum in Greece, and he claimed that the Greek authorities detained him, gave him an order to leave Greece, and subsequently arrested him and expelled him to Turkey, from where he travelled to the UK. The … Read More
Joined cases C-411/10 NS and C-493/10 ME
Respondent/Defendant: | Secretary of State for the Home Department et al |
Court/s: | ECJ |
Citation/s: | [2011] ECR I-0000 |
Judgment Date/s: | 21 Dec 2011 |
Judge: | Grand Chamber of the Court of Justice of the European Union |
Category: | Refugee Law |
Keywords: | Asylum, Asylum (Application for), Asylum Seeker (Secondary Movement of), Charter of Fundamental Rights of the European Union, Country of Origin (Safe), Dublin Regulation, Refugee, Transfer Order |
URL: | http://curia.europa.eu/juris/document/document.jsf?text=&docid=117187&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=216473 |
Geographic Focus: | Europe |
Principles: | A Member State exercising its discretionary power under Article 3(2) of the Dublin Regulation must be considered as implementing EU law within the meaning of Article 6 TEU and Article 51(1) of the Charter. Presumptions that Member States comply with the Charter, Geneva Convention, and ECHR must be regarded as rebuttable. Member State may not transfer an asylum seeker under the Dublin Regulation where it cannot be unaware that systematic deficiencies in the asylum procedure and reception conditions in a receiving Member State amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment under Article 4 of the Charter. Subject to Article 3(2) of the Dublin Regulation, where a Member State finds that it is impossible to transfer an applicant to another Member State under the Dublin Regulation, the Member State must continue to examine the criteria in Chapter III of the Regulation in order to establish whether one of the following criteria enables another Member State to be identified as responsible for the examination of the asylum application. The Member State in which an applicant is present must ensure that it does not worsen a situation where an applicant’s fundamental rights have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, the Member State where the applicant is present must examine the application under Article 3(2) of the Regulation. Information such as that cited by the EctHR, re relevant risks to which asylum seekers would be exposed, enables Member States to assess the functioning of the Member States’ asylum systems, making it possible to evaluate risks. |