Tag Archives: Hungary

15 December 2013

New CJEU Judgment on the Scope for Asylum Applicants to Challenge their Dublin Transfer

On 10 December 2013, the Grand Chamber of the Court of Justice of the EU (CJEU) issued a judgment in Case C 394/12. It held that the opportunities for an asylum seeker to challenge a decision to transfer him/her under the Dublin II Regulation are limited once a member state has agreed to take charge of the examination of his/her application. This decision can only be overturned when there are systemic deficiencies in the asylum procedure and reception conditions of that member state.

The case concerned a Somali national, Ms. Abdullahi, who entered Greece irregularly by boat. She travelled to Austria via the Former Yugoslav Republic of Macedonia, Serbia and Hungary. The Austrian authorities requested Hungary to take charge of her under the Dublin II Regulation, and Hungary accepted.  Ms. Abdullahi appealed the transfer request and a dispute arose as to whether Greece or Hungary was responsible for examining the asylum claim in light of Article 10(1) of the Dublin II Regulation. The Austrian court asked the CJEU to clarify the procedure for determining responsibility.

Source: Court of Justice of the European Union | Case C‑394/12 | Request for a preliminary ruling under Article 267 TFEU from the Asylgerichtshof (Austria), in the proceedings Shamso Abdullahi v. Bundesasylamt | Judgment | 10 December 2013

11 June 2013

Austria condemned for not providing effective remedy to challenge Dublin transfers

On 6 June 2013, the European Court of Human Rights (ECtHR) found that Austria violated an asylum seeker’s right to an effective remedy (Article 13 of the European Convention on Human Rights) against the decision to be sent back to Hungary under the Dublin regulation.

The applicant, a Sudanese asylum seeker, had also presented a claim of possible ill-treatment and refoulement (Article 3 of the European Convention on Human Rights) in Hungary if returned under the Dublin regulation. The ECtHR held that his transfer would not violate Article 3.

Source: European Court of Human Rights | Case of Mohammed v. Austria | Application no. 2283/12 | Judgment | 6 June 2013

14 September 2012

Swiss Refugee Council: Stop sending asylum seekers back to Hungary

The Swiss Refugee Council (OSAR) has called for an immediate halt of all returns of asylum seekers to Hungary. OSAR notes with concern the numerous reports by human rights organizations highlighting serious deficiencies in the Hungarian asylum and reception system. In particular, it is emphasized that asylum seekers returned to Hungary are systematically imprisoned, abused and are likely to be given tranquillizers while in prison, as reported by the most recent report published in April 2012 by UNHCR.

Switzerland returned 99 people in 2011 and 2012 (until end of July) to Hungary under the Dublin Regulation. According to OSAR, in view of the conditions for asylum seekers in Hungary, these returns may under certain circumstances violate the international obligation of non-refoulement (see Article 33 of the Convention Relating to the Status of Refugees) as well as Swiss law on asylum.

Source: OSAR | Stop aux renvois en Hongrie