Germany - Administrative Court Minden, 29. March 2016, 10 L 314/16.A
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." |
Headnote:
The Administrative Court Minden has temporarily prohibited the Dublin transfer of a Nigerian refugee to Italy due to systematic deficiencies within the local reception conditions.
Facts:
The applicant lodged an application for asylum in Germany.
By decision of 10 February 2016, the Federal Agency of Migration and Refugees dismissed the asylum application of the applicant as inadmissible and ordered his deportation to Italy .
The applicant appealed against this decision, referring to the systemic deficiencies in the Italian asylum procedure.
Decision & reasoning:
The Administrative Court decides that there is reliable evidence that once the applicant is transferred to Italy he will most probably be exposed to inhuman or degrading treatment within the meaning of article 4 CFREU.
Dublin returnees, whose asylum procedure has not yet been completed by a legally enforceable decision in Italy, are threatened- at least until the re-opening of the asylum procedure and therefore for an unpredictable period of time - with considerable likelihood that they will become homelessness and along with this risk not having access to basic benefits in order to secure a livelihood, especially the right to food.
An individual assurance by the Italian authorities, according to which, in case of a transfer to the Republic of Italy, he would receive proper accomodation cannot be inferred from the administrative procedure.
Outcome:
Application granted.