Skip Ribbon Commands
Skip to main content
Belgium
Country of Decision : Belgium
Court Name : BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Date of decision : 29/07/2020
Type :
ECLI :
Case Number/Citation/ Document Symbol : n° 239137

X (Côte d’Ivoire) v Belgian state (represented by the Secretary of State for Asylum and Migration, in charge of

BE: CALL examined a request for medical regularisation during a Dublin procedure

The CALL considered the reasoning of a decision rejecting the medical regularisation of the applicant, who was in the Dublin procedure. The applicant's regularisation request was based on the situation in Côte d’Ivoire. However, the official doctor considered only the availability and accessibility of the necessary care and treatment in Italy, and concluded that there was no medical obstacle for transferring the applicant under the Dublin III Regulation. The request for regularisation was rejected, after which the applicant submitted an asylum application (a first one) with the CGRS.

The CALL anulled the decision rejecting the request for medical regularisation based on the fact that it did not fulfil the requirement to sufficiently reason the decision, as it failed to look into the situation in the country of origin.

Content of Protection/Integration; Country of Origin Information; Dublin procedure; Medical condition;

National law only (in case there is no reference to EU law/ECHR);

EASO IDS

Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X (Côte d’Ivoire) v Belgian state (represented by the Secretary of State for Asylum and Migration, in charge of, n° 239137, 29 July 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1240