Continuation of interim injunction barring Dublin transfer to Greece for Iraqi asylum applicant due to fundamental rights risk

The Federal Constitutional Court (Second Senate, First Chamber) ordered the continuation of a previous interim injunction for an additional six months, barring the removal of an Iraqi asylum applicant to Greece, thereby effectively upholding the applicant's immediate application against deportation. The dispute arose from the applicant’s challenge to his transfer under the Dublin Regulation (Council Regulation (EC) No 343/2003 of 18 February 2003), which assigned responsibility for the asylum claim to Greece, with the applicant asserting a fundamental risk to his life or freedom if transferred. The decisive legal basis was the protection of fundamental rights, specifically the prohibition of removal to a third state where the applicant faces a credible threat to his core fundamental rights under the Basic Law, necessitating the extension of the provisional legal protection despite the ongoing constitutional complaint.