Memo: EU Asylum: Judgement of the European Court of Human Rights on the transfer of asylum seekers under the EU Dublin Regulation

The European Court of Human Rights (ECtHR) issued on the 4 November 2014 a judgement on whether a Dublin transfer by Switzerland to Italy would be contrary to the European Convention of Human Rights. This judgment underlined that compliance with fundamental rights in the operation of the Dublin system had to be ensured in all cases.

The Court ruled that in this particular case (of a family) the suspension of the transfer to Italy could be justified, in the absence of prior individualised guarantees from the Italian authorities as to the specific facility of destination. However, the Court did not find that there were systemic deficiencies in the Italian system that would justify a general suspension of Dublin transfers to Italy.

The 'Dublin' system serves to determine which European Union (EU) Member State is responsible for examining an asylum application lodged in one of the Member States by a third-country national.

The Dublin Regulation establishes the principle that only one Member State is responsible for examining an asylum application. The objective is to avoid asylum seekers from being sent from one country to another, and also to prevent abuse of the system by the submission of several applications for asylum by one person.

The Member State designated as responsible for the asylum application must take charge of the applicant and process the application. If a Member State to which an asylum application was submitted deems that another Member State is responsible, it can call on that Member State to take charge of the application. Where the requested State accepts to take charge of or to take back the person concerned, a reasoned decision stating that the application is inadmissible in the State in which it was lodged and that there is the obligation to transfer the asylum seeker to the Member State responsible is sent to the applicant.

• Primary Source

Tages-Anzeiger, 05.11.14: Dublin Regulation on asylum a failure (via Euro|Topics) http://www.eurotopics.net/en/home/presseschau/archiv/aehnliche/archiv_article/ARTICLE153116-Dublin-Regulation-on-asylum-a-failure

Swissinfo.ch, 04.11.14: Strasbourg blocks Afghan family expulsion to Italy http://www.swissinfo.ch/eng/strasbourg-blocks-afghan-family-expulsion-to-italy/41096772

European Commission: DG Home Affairs: What We Do: Policies: Asylum: Examination of applications: Country responsible for asylum application (Dublin) http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/examination-of-applicants/index_en.htm

ECHR: Press Release, 04.11.14: Grand Chamber Judgment Tarakhel v. Switzerland - return of family of asylum seekers to Italy only with individual guarantees http://hudoc.echr.coe.int/webservices/content/pdf/003-4923136-6025044?TID=shragtyrmh

ECHR: Fact Sheet: 'Dublin' Cases, November 2014 http://www.echr.coe.int/Documents/FS_Dublin_ENG.pdf

ESO: Background information: Judgment Sharifi v. Italy and Greece - Expulsion of Afghan migrants from Italy to Greece http://www.europeansources.info/record/press-release-judgment-sharifi-v-italy-and-greece-expulsion-of-afghan-migrants-from-italy-to-greece/

The Local.it, 05.11.14: 'Migrants' well-being at risk if sent back to Italy' http://www.thelocal.it/20141104/eu-court-bars-deportation-of-afghan-migrants-to-italy

Blog: EU Law Analysis, 05.11.14: Tarakhel v Switzerland: Another nail in the coffin of the Dublin system? http://eulawanalysis.blogspot.co.uk/2014/11/tarakhel-v-switzerland-another-nail-in.html

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