A (Nigeria) vs Finnish Immigration Service (Maahanmuuttovirasto)
The legal question concerned a situation in which the applicant (a third country national) claimed asylum based on events that had happened in another EU MS in which the applicant had lived and towards which the Dublin Regulation was applicable. In the current case, a Nigerian national claimed she was in danger of persecution and serious harm in Spain due to her ex-husband. According to the judgment these kind of grounds for application do not mean that the application could not be subject to the Dublin Regulation. The person cannot claim asylum in relation to a MS he/she is not a national of. Therefore, the MS responsible could be the same MS in which the events had happened and the application could be examined in that same MS. However, if the applicant claims asylum based on events that happened in the MS responsible, they need to be assessed in accordance of ECHR Article 3. In the current case no risk of non-refoulement was found if the person would be transferred into Spain.
Dublin procedures; Vulnerable Group;
EASO Annual Report on the Situation of Asylum in the EU
Finland,FI: Supreme Administrative Court [Korkein hallinto-oikeus], A (Nigeria) vs Finnish Immigration Service (Maahanmuuttovirasto), 11/06/2018, ECLI:FI:KHO:2018:87FI: Supreme Administrative Court's case in which the applicant claimed danger of persecution and serious harm in another Member State where she will be transferred according to Dublin Regulation