Update: 03.08.2016

Federal Supreme Court principles on custody according to the Dublin procedure

On 2 May 2016, the Federal Supreme Court overturned a decision by the Federal Administrative Court and specified the principles on custody according to the Dublin procedure.

A person seeking asylum in a Dublin procedure may not be taken into custody solely because he/she has already filed an asylum application in another “Dublin state.” Concrete evidence that they are a high flight risk is needed to impose administrative detention.

Furthermore, the Federal Supreme Court stipulates that custody appeals according to the Dublin procedure have to be reviewed by a judge within 96 hours. In this case, the Federal Supreme Court condemned the two-week waiting period until the Federal Administrative Court’s decision for being too long.

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