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Finland
Country of Decision : Finland
Court Name : FI: Supreme Administrative Court [Korkein hallinto-oikeus]
Date of decision : 11/06/2018
Type : Judgment
ECLI : ECLI:FI:KHO:2018:87
Case Number/Citation/ Document Symbol : KHO:2018:87

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;

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); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

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:2018:87
FI: 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

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=633