Competence for Dublin Transfers
Federal Administrative Court rules on complaint regarding responsibility for Dublin transfers
Karlsruhe. In a case concerning competence for Dublin transfers, the Federal Administrative Court (BVerwG) has ruled on a complaint regarding the interpretation of the Dublin Regulation. The court held that the Federal Office for Migration and Refugees (BAMF) is responsible for carrying out Dublin transfers, even if the person concerned is already in custody.
The case involved a Syrian national who was apprehended in Germany in 2018. He had previously applied for asylum in Hungary and was therefore considered a so-called “Dublin case”. The BAMF requested that Hungary take the applicant back under the Dublin Regulation. However, Hungary refused to do so, and the applicant remained in custody in Germany.
The applicant then filed a complaint with the administrative court, arguing that the BAMF was not responsible for carrying out the Dublin transfer because he was already in custody. The administrative court dismissed the complaint, and the applicant appealed to the BVerwG.
The BVerwG held that the BAMF is responsible for carrying out Dublin transfers, even if the person concerned is already in custody. The court reasoned that the Dublin Regulation does not provide for any exceptions to this responsibility. The court also noted that the BAMF is best equipped to handle Dublin transfers, as it has the necessary expertise and resources.
The BVerwG’s decision provides clarity on the issue of competence for Dublin transfers. It confirms that the BAMF is responsible for carrying out Dublin transfers, regardless of whether the person concerned is in custody. This decision will help to ensure that Dublin transfers are carried out in a timely and efficient manner.
Zuständigkeit für Dublin-Überstellungen
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