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*Law of Aliens

Published on June 9th, 2018 | by Georgia Archonti

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Germany: Administrative Court of Dusseldorf quashes transfer of Syrian family to Romania

On 8 May 2018, the Administrative Court of Dusseldorf ruled in case 8L5135/17.A concerning a Syrian woman and her three young children. The family received refugee status in Romania and subsequently reached Germany, where they also applied for asylum. On 21 May 2017, the German Federal Office for Migration and Refugees ordered their transfer to Romania.

The Administrative Court of Dusseldorf recalled that, in light of the ECtHR jurisprudence in Tarakhel v. Sweden [GC], a State might be engaged under Article 3 ECHR in respect of treatment in another country where an applicant, who was wholly dependent on State support, finds himself faced with official indifference in a situation of serious deprivation or incompatible with human dignity. While in theory and by law beneficiaries of international protection in Romania are entitled to social support on the same terms as Romanian nationals, in practice they face additional obstacles to receive state aid and to afford accommodation and food. This is particularly the case after twelve months, when beneficiaries are expected to care for themselves.

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