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Court of Justice of the European Union ruling on the transfer of asylum seekers under the EU Dublin Regulation

Date Published: 22-12-2011

Under the “Dublin II” Regulation an asylum claim must be processed in the EU Member State the applicant first arrives. However the Court of Justice of the European Union (joined cases C-411/10 NS and C-493/10 M.E.) has found that a Member State is obliged to examine an asylum application if the transfer to the otherwise responsible (first-reached) Member State would expose the applicant to a serious risk of a violation of fundamental rights.

The Court issued this judgment on joint cases brought by Ireland and the UK where asylum seekers who first entered the EU through Greece, later applied for asylum in Ireland and the UK respectively. Under the Dublin II Regulation, the responsibility would be with Greece, as their first point of entry to the EU, to process their asylum applications. However, the asylum seekers claimed that due to reception conditions and access to asylum process in Greece, their transfer would violate their fundamental rights.

For more information:

See Court of Justice of the European Union Press Release

See Statement by Commissioner Cecilia Malmström

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