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Slovakia / Regional Court Košice / 5Saz/5/2017

H. D. N. v Migration Office of the Ministry of Interior

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Regional Court Košice
Type:
Decision
Decision date:
26/04/2017

Key facts of the case: 

The plaintiff's application for international protection in Slovakia was denied as ineligible by the Migration Office of the Ministry of Interior (defendant). In the defendant’s view, in line with the Article 11 (3) Asylum Act, the country responsible for the plaintiff’s application was Hungary. (The plaintiff arrived to Hungary from Greece, crossing Serbia). Hungary accepted the responsibility under the Dublin III Regulation on 27.12.2016. The plaintiff’s legal representative, in her complaint against the decision of the Migration Office of the Ministry of Interior argued, that his return to Hungary would constitute a violation of the Article 3 of the European Convention on Human Rights, and the Article 4 of the Charter, due to systemic deficiencies of the Hungarian asylum system. The Regional Court Kosice cancelled the decision of the Migration Office of the Ministry of Interior, and returned the case to the defendant for the new proceedings (on the merits).

Outcome of the case: 

The Regional Court Košice cancelled the decision of the Migration Office of the Ministry of Interior, and returned the case to the defendant for the new proceedings (on merits).