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Belgium
Country of Decision : Belgium
Court Name : BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Date of decision : 08/03/2018
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : no. 200 933

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;

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); Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals);

EASO Networks

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), 08/03/2018
BE: Court rules on return and 'transfer back' decisions

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=492