Italy - Lazio Regional Administrative Court, 16 June 2011, RG 7657/2010
Keywords:
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Dublin Transfer
Description
"The transfer of responsibility for the examination of an asylum application from one Member State to another Member State. Such a transfer typically also includes the physical transport of an asylum applicant to the Member State responsible in cases where the applicant is in another Member State and/or has lodged an application in this latter Member State (Article 19(3) of Council Regulation (EC) 343/2003). The determination of the Member State responsible for examining an asylum application is done on the basis of objective and hierarchical criteria, as laid out in Chapter III of Council Regulation (EC) 343/2003." |
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Health (right to)
Description
Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illness. Member States shall also ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses. |
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Vulnerable person
Description
Persons in a vulnerable position, such as"Minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence. Note: Directive 2011/36/EU defines a position of vulnerability as a situation in which the person concerned has no real or acceptable alternative but to submit to the abuse involved." |
Headnote:
A failure to apply the Sovereignty Clause in Article 3.2 of Regulation (EC) 343/03 is unlawful when the applicant is in a seriously compromised state of health.
Facts:
After applying for international protection in the Czech Republic, the applicant, who was an ethnic Kurd, came to Italy where he made a similar application. After the Czech Republic had accepted responsibility, the Dublin Unit had ordered the transfer of the applicant to that country. However, the applicant challenged the transfer order arguing that it was unlawful in the light of his proven and seriously compromised state of health.
Decision & reasoning:
The Court ruled unlawful the failure to apply the sovereignty clause in Article 3.2 of Regulation (EC) 343/03 in the light of the proven poor state of health of the applicant who had to undergo rehabilitation in a healthcare facility in Italy .
Outcome:
Applicant’s appeal upheld – Italy declared to be the responsible Member State.