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7.K.27.833/2017/22. National Court Decision (2018. January 11th)

The case concerns a family from Pakistan (4 children) who submitted asylum applications on May 12th 2017. The asylum authority rejected their application a second time on October 4th. The applicants requested a review of the decision before a national court where they also contested the accommodation order of the authority (in order to get accommodation not within the transit zone). The court annulled decisions and ordered the authority to repeat its procedure. The court determined based on the asylum procedures directive that the procedure of the authority surpassed the so called reasonable time limit, since it lasted three months [Article 43(2) read in conjunction with Article 31(9)]. The court in this regard highlighted the fact that the applicants submitted asylum applications with their four minor children (the oldest of which was 8 years of age, while the youngest was less than 2 years of age at the time). The court also took into consideration that in a previous similar case the asylum authority decided to provide appropriate accommodation outside the transit zone (106-7-14102/86/2017-M Decision on December 8th 2017.). Furthermore, since the contested decisions were adopted in a repeat procedure the court stated that the asylum authority had no right to designate accommodation in the transit zone. The court expressly ordered the asylum authority to provide the applicants appropriate accommodation 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. 10. of the decision).

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