Amayry v Migrationsverket

Immigration – Detention. Article 28 of Regulation (EU) No 604/2013 of the European Parliament and of the Council (Dublin III), read in the light of art 6 of the Charter of Fundamental Rights of the European Union, did not preclude national legislation which provided that, where the detention of an applicant for international protection began after the requested member state had accepted the take charge request, that detention might be maintained for no longer than two months in specified circumstances. However, the Court of Justice of the European Union held that it did preclude national legislation which allowed the detention to be maintained for three or 12 months during which the transfer could be reasonably carried out.

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