Sweden - Migration Court of Appeal, 6 September 2010, UM 8098-09
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What was at stake
EDAL summary. The right to family life can outweigh the ‘state responsibility’ criteria in the Dublin II Regulation. The Court held that the application for asylum should be processed in Sweden, in order to secure...
What the court decided
The Migration Court of Appeal held that the right to family and private life under Article 8 of the European Convention on Human Rights can outweigh the 'state responsibility' criteria in the Dublin II Regulation. The court found that transferring the applicant to Germany would constitute a disproportionate interference with his family life, despite Germany being the otherwise responsible state, and therefore his asylum application should be processed in Sweden.
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Authoritative link
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