You are here:

Portugal / Administrative Central Court of the North / 00643/16.OBEPRT

Ukrainian citizen v Portuguese Immigration and Borders Service

Policy area:
Asylum and migration
Deciding Body type:
National Court/Tribunal
Deciding Body:
Administrative Central Court of the North
Type:
Decision
Decision date:
27/01/2017

Key facts of the case:

A Ukrainian citizen (and his son) asked for international protection in Portugal under the terms of Law 27/2008, of 30 June, as amended and republished by Law 26/2014 of 5 May, which establishes the conditions and procedures for granting asylum or subsidiary protection and the statutes of asylum seeker, refugee and subsidiary protection (transposing Directives 2011/95/EU of the European Parliament and of the Council of 13 December, 2013/32/EU of the European Parliament and of the Council of 26 June, 2013/33/EU of the European Parliament and of the Council of 26 June, and implementing Regulation (EU) 603/2013 of the European Parliament and of the Council of 26 June for the effective implementation of Regulation (EU) 604 /2013 of the European Parliament and of the Council of 26 June). This request was denied by the Portuguese Immigration and Borders Service since, according to the applicable legislation, Hungary was the State responsible for examining the application (the Ukrainian citizen and his son had entered in Portugal with a visa granted by Hungary). The applicant appealed against the decision by the Court of First Instance (Tribunal Administrativo e Fiscal do Porto), which maintained the decision of the Portuguese Immigration and Borders Service and ordered the transfer of the Ukrainian citizen and of his son to Hungary.

Outcome of the case:

The Court did not give reason to the applicant and maintained the decision of the Lower Court, which means that it maintained the decision that the country responsible for examining the international protection request was Hungary while Portugal was only responsible for the transfer of the Ukrainian citizen (and of his son) to Hungary.