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CJEU Case C-360/16 / Opinion

Bundesrepublik Deutschland v Aziz Hasan

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
07/09/2017

Key facts of the case:

Reference for a preliminary ruling — Asylum policy — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Detailed rules and time limits applicable to the transfer of a third-country national to the Member State where the first asylum application was made — Starting point of the time limit for transferring an asylum applicant.

Outcome of the case:

In the light of the foregoing considerations, I propose that the Court’s answers to the questions referred for a preliminary ruling by the Bundesverwaltungsgericht (Federal Administrative Court, Germany) should be as follows:

  1. The decision to transfer an asylum applicant does not confer finality on the determination of the Member State responsible for examining an asylum application.
  2. It must be possible for the judicial review of a transfer decision to take into account, inter alia, matters of fact and law subsequent to the contested decision and to include any changes of circumstances relevant to determining the Member States’ responsibility for examining applications for international protection.
  3. The provisions of Article 24 of Regulation (EU) 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 international protection lodged in one of the Member States by a third-country national or a stateless person are alone applicable to the case at issue in the main proceedings, and thus compel the Federal Republic of Germany to lodge a new take back request with the Italian authorities and to comply with the procedures and time limits laid down in that provision. In that context, the Member State on whose territory the applicant is present has a period of three months in which to submit a take back request to the Member State responsible for examining the asylum application, starting from the point at which the former Member State becomes aware that the person concerned is on its territory. Once the authorities of the latter Member State have, tacitly or explicitly, given their consent, the transfer must be carried out within six weeks or, where appropriate, within six weeks of the dismissal of the appeal against the transfer decision or the rejection of its suspensive effect.