On Tuesday 7 May 2016, the Court of Justice of the EU (CJEU) delivered judgments on the Ghezelbash and the Karim cases. These cases relate to the scope of the right to an effective remedy under the Dublin III Regulation. In both cases, the Court decided that an asylum seeker is entitled to plead, in an appeal against a decision to transfer him, the incorrect application of one of the criteria for determining responsibility for the claim laid down in Charter III of the Dublin Regulation.
The Court followed the opinion of the Advocate General and based its reasoning on the fact that the Dublin III Regulation confers rights on the asylum seekers to be informed on the reasons for a Dublin transfer, and that with these comes the right to appeal these reasons.
Read a more detailed summary and analysis of both cases on the ELENA Weekly Legal Update.
This article appeared in the ECRE Weekly Bulletin of 10 June 2016. You can subscribe to the Weekly Bulletin here.