11 June 2013
Austria condemned for not providing effective remedy to challenge Dublin transfers
On 6 June 2013, the European Court of Human Rights (ECtHR) found that Austria violated an asylum seeker’s right to an effective remedy (Article 13 of the European Convention on Human Rights) against the decision to be sent back to Hungary under the Dublin regulation.
The applicant, a Sudanese asylum seeker, had also presented a claim of possible ill-treatment and refoulement (Article 3 of the European Convention on Human Rights) in Hungary if returned under the Dublin regulation. The ECtHR held that his transfer would not violate Article 3.