This request for a preliminary ruling concerns the interpretation of Articles 18, 23 and 24 of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person ‘the Dublin III Regulation). The request has been made in proceedings between Germany and Mr Aziz Hasan, a Syrian national, concerning the decision to reject Mr Hasan’s asylum application and ordering him to be transferred to Italy.
Article 24 of the Dublin III Regulation must be interpreted as meaning that, in a situation in which a third-country national who, after having made an application for international protection in a first Member State (Member State ‘A’), was transferred to Member State ‘A’ as a result of the rejection of a fresh application lodged in a second Member State (Member State ‘B’) and has then returned, without a residence document, to Member State ‘B’, a take back procedure may be undertaken in respect of that third-country national and it is not possible to transfer that person anew to Member State ‘A’ without such a procedure being followed.
Citation: Bundesrepublik Deutschland v Hasan (Regulation (EU) No 604/2013) Case C-360/16
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