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*Law of Aliens

Published on June 27th, 2018 | by Georgia Archonti

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France: Administrative Court of Appeal of Nantes quashes Dublin transfer of Afghan national to Belgium

On 8 June 2018, the Administrative Court of Appeal of Nantes ruled in joined cases nos. 17NT03167 and 17NT03174, which concerned an Afghan national who lodged an asylum application in France after his previous asylum application in Belgium was rejected. The French authorities issued a take back request to Belgium under Article 18(d) of the Dublin III Regulation (DRIII), which was accepted. In September 2017, the Administrative Court of Nantes rejected the applicant’s appeal against his transfer to Belgium.

On a further appeal, the Administrative Court of Appeal of Nantes stated that the situation in Afghanistan can be considered as an internal armed conflict and that, based on numerous reports such as the Annual Report of the UN Assistance Mission in Afghanistan, the security and humanitarian situation in that country have deteriorated considerably in the past few years. Particularly in the province of origin of the applicant (Nangarhar), but also in Kabul, there is a situation of indiscriminate violence as a result of an armed conflict, which is capable of justifying the granting of subsidiary protection status.

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