C-201/16 Shiri, New Preliminary reference from Austrian Administrative High Court on expiration of Dublin transfer deadline

Date: 
Tuesday, April 12, 2016

The Austrian Administrative High Court has lodged a preliminary reference to the Court of Justice of the European Union. 

An unofficial translation of the questions are as follows:

Under Article 267 of the TFEU, the following questions are referred to the CJEU for a preliminary ruling:
 
1) Are the provisions guaranteeing the right to an effective remedy against a transfer decision in Regulation 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 international protection lodged in one of the Member States by a third-country national or a stateless person, in particular Article 27(1), read in the light of recital 19, (nevertheless) to be interpreted as meaning that an asylum seeker can make a valid claim for responsibility to be transferred to the requesting State on the grounds of the expiry of the six-month transfer window (Article 29(2) read in conjunction with Article 29(1) of Regulation No 604/2013) 
 
If the answer to the first question is yes:
 
2) Does the transfer of responsibility, in accordance with the first sentence of Article 29(2), come into effect simply on the basis of the effective expiration of the transfer window, or does the transfer of responsibility due to the expiration of the transfer window also require the refusal of the take charge or take back request of the person in question by the Member State responsible?
 

EDAL and ELENA would like to thank David Watt, researcher at the Odysseus Network, ULB, for this translation.                                                    

Keywords: 
Dublin Transfer
Effective access to procedures
Effective remedy (right to)