January 21
2021
Anjum Shabbir
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14th January 2021
Employment & Immigration Human Rights

Court of Justice clarifies who is responsible for delays in processing an international protection application, and that persons subject to a Dublin III transfer decision ought to be allowed access to the job market

The Court of Justice has handed down its ruling in two preliminary ruling cases today in proceedings involving three third country nationals seeking international protection in the EU: K.S., M.H.K. v The International Protection Appeals Tribunal (C‑322/19), and R.A.T., D.S. v Minister for Justice and Equality (C‑385/19), relating to (i) responsibility under EU law for delays in decision-making, (ii) access to the job market while awaiting a Dublin III decision (on which Member State is responsible under EU law for processing an international protection application decision), and (iii) the applicable EU law forming the Common European Asylum System.

Where there is a Dublin III transfer decision that considers the international prot

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