Shiraz Baig Mirza v. Bevándorlási és Állampolgársági Hivatal

India

08.03.2016

Human Rights

ECJ keeps door open for deporting asylum seekers

If the exodus of asylum seekers from war torn countries into Europe was not a handful, Member States of the European Union are now grasping with the modalities of returning unauthorised to ‘safe third countries’.

In the instant case , the applicant, a Pakistani national, entered Hungary from Serbia, and without authorisation left for the Czech Republic. Eventually returned by Czech authorities to Hungary, where his application for international protection was rejected as inadmissible, the Hungarians decided to send him to Serbia, the safe third country. The national court referred to the European Court of Justice a question on the conditions in which a Member State could propose sending the applicant to a safe third country, without examining the substance of the application.

The Advocate General opined thus: the applicant had not shown good faith by leaving Hungary before the procedure was complete, which was to be rightly regarded as withdrawal of application. An application for international protection could not deprive the Member State of its ‘responsibility’ of sending the applicant to a safe third country. Finally, Member States cannot be forced to continue examining applications for international protection after the same was discontinued on valid legal grounds.

Tags : Pakistan safe third country international protection

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