CJEU releases decision in Case C620/10: Migrationsverket v. Nurije Kastrati, Valdrina Kastrati, Valdrin Kastrati

Date: 
Friday, October 4, 2013

(Dublin system - Regulation (EC) No 343/2003 - Procedure for determining the Member State responsible for examining an asylum application - Third-country nationals in possession of a valid visa issued by the Member State responsible within the meaning of Regulation No 343/2003 - Asylum application lodged in a Member State other than the State responsible pursuant to that regulation - Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application - Withdrawal occurring before the Member State responsible accepted that it should take charge - Withdrawal terminating the procedures set up by Regulation No 343/2003)

In Case C620/10, reference for a preliminary ruling under Article 267 TFEU from the Kammarrätten i Stockholm – Migrationsöverdomstolen (Sweden), made by decision of 16 December 2010, received at the Court on 27 December 2010, in the proceedings. The present reference for a preliminary ruling concerns the interpretation of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 50, p. 1).

The reference has been made in proceedings between Migrationsverket (the Swedish Migration Board), which is responsible for issues relating to immigration, and Mrs Kastrati and her two minor children, Valdrina and Valdrin, who are nationals of Kosovo, relating to the annulment of the decision of that authority not to allow their applications for residence permits and for asylum in Sweden and to order their transfer to the Member State responsible within the meaning of Regulation No 343/2003.

The CJEU on May 3rd 2012 ruled that Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national must be interpreted as meaning that the withdrawal of an application for asylum within the terms of Article 2(c) of that regulation, which occurs before the Member State responsible for examining that application has agreed to take charge of the applicant, has the effect that that regulation can no longer be applicable. In such a case, it is for the Member State within the territory of which the application was lodged to take the decisions required as a result of that withdrawal and, in particular, to discontinue the examination of the application, with a record of the information relating to it being placed in the applicant's file.

For the full text of the judgment please see: CJEU: Migrationsverket v. Nurije Kastrati, Valdrina Kastrati, Valdrin Kastrati


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Keywords: 
Withdrawal of protection application
Responsibility for examining application
Visa
Tags: 
CJEU