Belgium: Council for Alien Law Litigation rules that Dublin transfers to Greece require a case by case analysis
20 June 2018
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Belgium
Council for Alien Law Litigation rules that Dublin transfers to Greece require a case by case analysis
20.6.18
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Via the ELENA Weekly Legal Update of 15 June 2018 (link)
On 8 June 2018, the Belgian Council for Alien Law Litigation (CALLL) ruled on case no. 205104, which concerned an appeal against a Dublin transfer from Belgium to Greece of an applicant from Palestine. The applicant arrived and lodged an asylum application in Belgium in October 2017. Since he was in possession of a valid visa delivered by Greece, Belgium sent a “take charge” request to Greece on the application of the Dublin III Regulation. The applicant appealed against this decision before the CALL based on, inter alia, the alleged existence of systematic deficiencies in the asylum and reception systems in Greece.
The CALL recognised that there are still deficiencies in the asylum procedure and reception conditions in Greece. However, it found that there are no longer systematic deficiencies that would prevent all Dublin transfers to Greece. With reference to the December 2016 Recommendation of the European Commission on the resumption of transfers to Greece, the CALL found that Dublin transfers to Greece can be carried out subject to a case by case analysis. It also pointed to that Recommendation in that “vulnerable asylum applicants, including unaccompanied minors, should not be transferred to Greece”.
In the case in question, the CALL noted that the applicant had no particular vulnerability and that the Greek authorities had provided their Belgian counterparts with individualised guarantees with regard to the applicant’s access to the asylum procedure in Greece and his reception in an official and open reception centre.
Based on an unofficial translation by the ELENA Weekly Legal Update.
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