Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/19/2019

Subject: The Court affirmed that an applicant for international protection ‘absconds’, within the meaning of Regulation (EU) No 604/2013 where he deliberately evades the reach of the national authorities responsible for carrying out his transfer, in order to prevent the transfer. The applicant retains the possibility of demonstrating that the fact that he has not informed the authorities of his absence is due to valid reasons and not the intention to evade the reach of those authorities. Moreover, the Court affirmed that Article 4 of the Charter of Fundamental Rights must be interpreted as not precluding such a transfer of an applicant for international protection, unless the court hearing an action challenging the transfer decision finds, on the basis of information that is objective, reliable, specific and properly updated and having regard to the standard of protection of fundamental rights guaranteed by EU law, that that risk is real for that applicant, on account of the fact that, should he be transferred, he would find himself, irrespective of his wishes and personal choices, in a situation of extreme material poverty

Parties: Jawo

Classification: Dignity - Art. 4 Inhuman treatments - Degrading treatments - Freedoms - Art. 18 Refugees

Text