VG Munich - M 22 E 21.30294

Germany

FINAL

Administrative Court of Munich / National Court

Article 4 EUCFR, Article 3 ECHR

2021

Applicant

Syrian national entered Germany through the Austrian border and was apprehened by the German Federal Police police. After a check in EURODAC, it was established that the applicant had entered through Greece and had lodged an asylum application in 2019. He was refused entry in Germany and scheduled for a return flight to Greece in accordance with the Dublin Regulation. The Court found that an asylum claim was lodged in accordance to EU law (Article 2 (b) in conjunction with Article 6 (1) subparagraph 2 of Directive 2013/32/EU). The applicant’s return to Greece was unlawful, as the Federal Police did not communicate the asylum request to the competent office and lacked competence to issue a Dublin return decision. The Court also found the applicant entitlement to claim violations of Article 4 of the EUCFR and Article 3 ECHR prohibiting torture and ill-treatment since German authorities failed to individually assess his claim, the applicant suffers from a physical disability and because of the poor conditions applicants of asylum requests face in Greece (para. 101).

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