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Home ›Belgium, Council of Alien Law Litigation, 30 October 2019, no. 228 238 in case RvV 229 233/IV
Council of Europe Instruments
Council of Europe Instruments > EN - Convention for the Protection of Human Rights and Fundamental Freedoms > Article 3
European Union Law > EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
European Union Law > EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011
Given the condition of Greek health care, a person with a neurological condition, who requires medical follow-up and who has a family, may rightfully invoke Article 3 ECHR to block her, and her family’s, transfer to Greece.
The Syrian applicant and his family members (his spouse and four children) obtained refugee status in Greece on 21 April 2017, which included a right of residence until 21 April 2020. After their successful application in Greece, the family moved to Belgium, where they lodged a new application for international protection. During their interview before the Belgian asylum authorities, the Commissioner General for Refugees and Stateless Persons (CGRS), the applicant and his spouse lied about their refugee status in Greece. Ultimately, the CGRS discovered this and deemed their application in Belgium not admissible.
The Council initially considers, on the basis of the parties’ written submissions, that the living conditions and the guaranteed access to basic rights in Greece, originating from the EU-acquis on asylum, do not constitute conditions contrary to Article 3 ECHR. Furthermore, it admits that there are deficiencies in the Greek asylum procedure and reception conditions but underlines that these deficiencies are not ‘systemic’ and, therefore, not sufficient to suspend transfers to Greece. However, the Council emphasizes that the applicant can object to his return on the basis of individual vulnerabilities, but he does not provide in concreto evidence that this is the case.
Appeal granted.
United Chambers RvV, 8 June 2018, no. 205 104