Blog post
Publication details
Dublin Family Reunification: neither subject to limits nor delay - Note on the Administrative Court Wiesbaden, decision from 15 September 2017
in: European Database of Asylum Law
Year: 2017
Link to the blog post: http://www.asylumlawdatabase.eu/en/journal/dublin-family-reunification-neither-subject-limits-nor-delay-note-administrative-court?utm_source=ECRE+Newsletters&utm_campaign=02e7139555-EMAIL_CAMPAIGN_2017_10_27&utm_medium=email&utm_term=0_3ec9497afd-02e7139555-422313153
Author(s) details
Publication description
Keywords:
family reunification, Dublin Regulation, Dublin System, Germany
family reunification, Dublin Regulation, Dublin System, Germany
Abstract:
In the past, Dublin transfers were principally at issue when applying Article 13 Dublin Regulation III (‘DRIII’). Yet, ever since the irregular journey within Europe became more and more difficult, the importance of DRIII as an instrument for family reunification gained practical relevance. As a consequence of the heightened need to utilise the family reunification provisions (Articles 8-11 DRIII), the practical process of family reunification under the Regulation has become even more salient and is one which presents specific issues for practitioners. This is especially manifested in transfers from Greece to Germany. According to the German government, more than 3000 asylum applicants residing in Greece are awaiting their transfer to Germany on the basis of the family unity clauses in the Regulation. However, the German and the Greek government agreed on a “cap” or a slow-down of the transfers; the exact terms and conditions of which were not disclosed to the wider public. The agreement was criticised by 27 Greek, German and European NGO`s. On 15 September the nature of this agreement and its consequences on those waiting to be transferred was brought before the Administrative Court of Wiesbaden who confirmed their legal opinion in an interim measure procedure. In the meantime, the German government announced that the transfers “can take place in the foreseen six-month deadline in the near future”.
In the past, Dublin transfers were principally at issue when applying Article 13 Dublin Regulation III (‘DRIII’). Yet, ever since the irregular journey within Europe became more and more difficult, the importance of DRIII as an instrument for family reunification gained practical relevance. As a consequence of the heightened need to utilise the family reunification provisions (Articles 8-11 DRIII), the practical process of family reunification under the Regulation has become even more salient and is one which presents specific issues for practitioners. This is especially manifested in transfers from Greece to Germany. According to the German government, more than 3000 asylum applicants residing in Greece are awaiting their transfer to Germany on the basis of the family unity clauses in the Regulation. However, the German and the Greek government agreed on a “cap” or a slow-down of the transfers; the exact terms and conditions of which were not disclosed to the wider public. The agreement was criticised by 27 Greek, German and European NGO`s. On 15 September the nature of this agreement and its consequences on those waiting to be transferred was brought before the Administrative Court of Wiesbaden who confirmed their legal opinion in an interim measure procedure. In the meantime, the German government announced that the transfers “can take place in the foreseen six-month deadline in the near future”.