Bundesamt fur Fremdenwesen und Asyl (Placement d'un demandeur d'asile dans un hopital psychiatrique) (rea of freedom, security and justice - Dublin system - Transfer of the asylum seeker to the Member State responsible for examining the application for international protection - Judgment) [2022] EUECJ C-231/21 (31 March 2022)

Bundesamt fur Fremdenwesen und Asyl (Placement d'un demandeur d'asile dans un hopital psychiatrique) (rea of freedom, security and justice - Dublin system - Transfer of the asylum seeker to the Member State responsible for examining the application for international protection - Judgment) [2022] EUECJ C-231/21 (31 March 2022)

The concept of 'imprisonment' in Article 29(2) of the Dublin III Regulation refers only to deprivation of liberty ordered by a court in the context of criminal proceedings as a result of an offence for which the asylum seeker is held liable or suspected of being liable. Non-voluntary committal to a psychiatric...

Source-derived case information.

Citation
[2022] EUECJ C-231/21
Parties
Applicant: IA; Respondent: Bundesamt für Fremdenwesen und Asyl (Federal Office for Foreign Affairs and Asylum, Austria)
Jurisdiction
European Union
Procedural Posture
Request for Preliminary Ruling / Judgment of the Court of Justice of the European Union
Outcome
Reference for a preliminary ruling answered; 'imprisonment' does not include non-voluntary psychiatric committal.
Legal Topics
Interpretation of Article 29(2) Dublin III Regulation, Imprisonment Definition Under EU Law, Transfer of Asylum Seekers, Deprivation of Liberty
European Union Law Asylum Law Interpretation of Article 29(2) Dublin III Regulation Imprisonment Definition Under EU Law Transfer of Asylum Seekers Deprivation of Liberty

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Parties

IA

Applicant

Bundesamt für Fremdenwesen und Asyl (Federal Office for Foreign Affairs and Asylum, Austria)

Respondent

Procedural Posture

Request for Preliminary Ruling / Judgment of the Court of Justice of the European Union

  1. 1 Whether 'imprisonment' in Article 29(2) Dublin III Regulation includes non-voluntary committal to a psychiatric hospital by judicial decision due to mental illness

Ratio Decidendi

The concept of 'imprisonment' in Article 29(2) of the Dublin III Regulation refers only to deprivation of liberty ordered by a court in the context of criminal proceedings as a result of an offence for which the asylum seeker is held liable or suspected of being liable. Non-voluntary committal to a psychiatric hospital due to mental illness, even if authorised by a court, does not constitute 'imprisonment' within the meaning of that provision.

Court Disposition

Reference for a preliminary ruling answered; 'imprisonment' does not include non-voluntary psychiatric committal.

Orders

  • The concept of 'imprisonment' in Article 29(2) Dublin III Regulation does not apply to non-voluntary committal of an asylum seeker to a psychiatric hospital authorised by judicial decision due to mental illness.