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6.K.27.060/2018/8. National Court Decision (2018. March 1st)

The case concerns a married couple from Iraq who submitted asylum applications on July 10. 2017. The asylum authority rejected their application and expelled them to Iraq. The applicants requested a review of the decision before a national court which subsequently annulled it and ordered the asylum authority to repeat its procedure. However, the authority rejected the applicants’ claim again to which an action was brought. In this case the applicants also separately contested the fact that they were provided accommodation in the so called transit zone for the duration of the procedure. The court annulled the contested decisions and reinstated that an applicant may only reside in the transit zone for a period of four weeks based on the asylum procedures directive [Article 43(2)]. The court also ordered the asylum authority to provide the applicants appropriate accommodation for the duration of the repeated procedure which does not result in the deprivation of their liberty and does not violate the prohibition of inhuman or degrading treatment. The court explicitly excluded the transit zone for accommodation (see p. 15. of the decision). The asylum authority on the 2nd of June 2018. decided on the applicants’ accommodation accordingly.

Source: PDF with the case

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