Joined cases C-411/10 NS and C-493/10 ME

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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

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

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.

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Case C-256/11 – Dereci v Bundesministerium fur Inneres

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Respondent/Defendant:Bundesministerium fur Inneres
Court/s:ECJ
Citation/s:[2011] ECR I-0000
Nature of Proceedings:Preliminary ruling under Article 267 TFEU
Judgment Date/s:15 Nov 2011
Judge:Grand Chamber of the Court of Justice of the European Union
Category:EU Treaty Rights
Keywords:Child, Dependant, EU Treaty Rights, Family Life (Right to), Regularisation, Residence Permit
Country of Origin:Austria
URL:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CJ0256:EN:HTML
Geographic Focus:Europe

The applicants were third country nationals who wished to live with their EU, and Austrian, citizen family members resident in Austria. The Union citizens had not exercised their free movement rights, and were not dependent on the applicants. All applicants had their applications for residence permits refused. The applicants and the Union citizens wished to live together, but there was … Read More

Principles:

European Union law and, in particular, its provisions on citizenship of the Union, must be interpreted as meaning that it does not preclude a Member State from refusing to allow a third country national to reside on its territory, where that third country national wishes to reside with a member of his family who is a citizen of the Union residing in the Member State of which he has nationality, who has never exercised his right to freedom of movement, provided that such refusal does not lead, for the Union citizen concerned, to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of his status as a citizen of the Union, which is a matter for the referring court to verify.

If, in considering, inter alia, a refusal of a residence permit in respect of a third country national, a national court considers that the situation is covered by EU law, it must examine whether the residence permit refusal undermines the right of respect for family life under Article 7 of the Charter. On the other hand, if the national court takes the view that the situation at issue is not covered by EU law, it must undertake an examination under Article 8(1) ECHR.

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