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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 13/09/2017
Type : Judgment
ECLI : ECLI:EU:C:2017:675
Case Number/Citation/ Document Symbol : C-60/16

Mohammad Khir Amayry vs Migration Board, Sweden (Migrationsverket)

Cases cited: Al Chodor, C-528/15 Judgment: 1. This request for a preliminary ruling concerns the interpretation of Article 28(3) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ 2013 L 180, p. 31) (‘the Dublin III Regulation’). 2. The request has been made in proceedings between Mohammad Khir Amayry and the Migrationsverket (Migration Board, Sweden) concerning the decision of the latter to hold Mr Khir Amayry in detention pending his transfer to Italy pursuant to the Dublin III Regulation. Ruling: 1. Article 28 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, read in conjunction with Article 6 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that: – it does not preclude national legislation, such as that at issue in the main proceedings, which provides that, where the detention of an applicant for international protection begins after the requested Member State has accepted the take charge request, that detention may be maintained for no longer than two months, provided, first, that the duration of the detention does not go beyond the period of time which is necessary for the purposes of that transfer procedure, assessed by taking account of the specific requirements of that procedure in each specific case and, second, that, where applicable, that duration is not to be longer than six weeks from the date when the appeal or review ceases to have suspensive effect; and – it does preclude national legislation, such as that at issue in the main proceedings, which allows, in such a situation, the detention to be maintained for 3 or 12 months during which the transfer could be reasonably carried out. 2. Article 28(3) of the Dublin III Regulation must be interpreted as meaning that the number of days during which the person concerned was already detained after a Member State has accepted the take charge or take back request need not be deducted from the six week period established by that provision, from the moment when the appeal or review no longer has suspensive effect. 3. Article 28(3) of the Dublin III Regulation must be interpreted as meaning that the six week period beginning from the moment when the appeal or review no longer has suspensive effective, established by that provision, also applies when the suspension of the execution of the transfer decision was not specifically requested by the person concerned. Paragraphs relevant to detention: 22-73.

Detention/ Alternatives to Detention; Dublin procedures; Non-refoulement;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); EU Charter of Fundamental Rights ; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;

EASO Courts and Tribunals Network

European Union,EU: Court of Justice of the European Union [CJEU], Mohammad Khir Amayry vs Migration Board, Sweden (Migrationsverket), 13/09/2017, ECLI:EU:C:2017:675
EU Court of Justice ruling on the interpretation of the Article 28 of the Dublin III Regulation related to detention

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=319