The transfer was supposed to be carried out in accordance with Dublin III Regulation. According to this regulation, as a general rule, a member state where a foreigner first asked for asylum is responsible for deciding on his asylum application.
The Court relied heavily on the information obtained from the Association for Legal Intervention. We mentioned that should the family be returned to Poland, they risk prolonged detention and a refoulement to their country.
The Court held that the risk of deportation to the country of origin is sufficient to temporarily halt the transfer to Poland until the decision on merits is reached.