X.(Syria) vs Belgian state (represented by the State Secretary for Asylum and Migration)
The applicant has filed a petition to suspend the execution of an order to leave the territory. The Court rules that if the Immigration Office wishes to transfer a foreign national in irregular stay to the European Member State responsible for examining the asylum application, the Dublin III Regulation must be applied, and all procedures and guarantees have to be respected. This also applies if the foreign national, who had previously filed an application for international protection in another European Member State, does not submit a new application for international protection in Belgium. It is not allowed to take a return decision without respect this procedure and these safeguards. A return decision implies the removal to a third country outside the European Union, while in case of a take-back by a Member State responsible for examining the application for international protection, only a transfer decision can be taken. Both procedures do not offer the same guarantees and don’t have the same consequences. If the Dublin III Regulation applies, a return decision cannot be taken, but a decision to transfer the applicant to the responsible Member State should be taken. The Immigration Office cannot choose between taking a return decision or taking a transfer decision. Only in case that the application for international protection was rejected by final decision by the Member State responsible for examining the application, the Immigration Office has the choice to either take a return decision to the country of origin or another third country outside the European Union, or ask for a transfer to the Member State responsible for examining the application for international protection. If it is opted for a transfer, the Dublin III regulation applies.
Dublin procedures; Iraq; Return/Removal/Deportation; Syria;
Conseil du Contentieux des Etrangers
Belgium,BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X.(Syria) vs Belgian state (represented by the State Secretary for Asylum and Migration), 08/03/2018BE: Court rules on return and 'transfer back' decisions