Asylum seekers, who arrive in a (Southern) EU Member State may have a family member (a spouse, parent or minor child) who has applied for asylum and is waiting for a decision or who has received an asylum status in another Member State. According to the Dublin Regulation (Articles 8-10), the Member State where this family member is residing, is responsible for the examination of the asylum application of this asylum seeker. The Member State where the asylum seeker has applied for asylum can request the Member State where the family member is residing to take over the asylum application. However, what happens if the Member State refuses the request?
This expert opinion addresses the question whether the asylum seeker concerned has the right to appeal the decision of the requested Member State not to take responsibility for the examination of the applicant’s asylum claim. Article 27 of the Dublin Regulation does not give a straightforward answer to this question. The expert opinion shows that, as a result, the national courts of the Member States interpret Article 27 of the Dublin Regulation in different ways. Some grant the asylum seeker the right to an appeal, while others do not. Therefore, the expert opinion argues that these courts should refer preliminary questions to the Court of Justice of the EU concerning Article 27 of the Dublin Regulation and indicates how they should be formulated.
Moreover, the expert opinion examines how the proposed preliminary questions should be answered. It concludes that Article 27 of the Dublin III Regulation, read in the light of Article 47 of the Charter (the right to an effective remedy) requires a Member State that is requested to take charge of an asylum application under Articles 8-10 of that Regulation by another Member State, to provide the asylum applicant concerned an effective remedy against the decision to reject this request before a national court or tribunal.
You can find the expert opinion here: