Case summaries

National legislation that grants the possibility of rejecting an application made by a third-country national or a stateless person for international protection, whose previous application seeking refugee status in another Member State implementing the Dublin III Regulation had been rejected, is precluded under Article 33(2)(d) of Directive 2013/32 read in conjunction with Article 2(q) thereof. 

Article 27(1) of Dublin III Regulation read in the light of recital 19 thereof, and Article 47 of the Charter preclude national legislation that bars domestic courts from assessing an application for annulment of a Dublin transfer decision by considering circumstances that emerged after the transfer decision was adopted and which are decisive for the correct application of the regulation. However, such circumstances may not be considered if that legislation foresees a specific remedy with ex nunc review that can be exercised after the emergence of the new circumstances is not conditional on the person’s deprivation of liberty or on the imminent implementation of that decision.

The Court concluded that Italy had already accepted the take back request and therefore Portugal should proceed with the applicant’s transfer in accordance with the Dublin Regulation III. Since Italy had already rejected the applicant’s first request for international protection there, it should be the one responsible for returning the applicant back to their home country.

As the applicant is not a vulnerable person, the transfer order to Italy does not violate the non-refoulement principle.

Since there is a high risk of exposure to inhuman and degrading treatment under Article 3 ECHR and Article 4 CFREU, Portugal should not allow the applicant’s transfer to Italy. The Court also found that there had been a violation of his right to a prior hearing, and that there is no obligation under EU Law of asylum seekers’ transfer once the DRIII is applied.

Germany is responsible for the asylum determination of an oppositional Turkish applicant under Art. 3 para. 2 subparas 2 and 3 Dublin III Regulation, because in this individual case the Bulgarian asylum procedure has systemic flaws that would entail a risk of inhuman or degrading treatment. A serious examination of the asylum application cannot be expected by the Bulgarian authorities and the authorities will likely return the applicant to Turkey. In such a case, there are reasonable grounds for believing that there would be a violation of Article 3 of the European Convention on Human Rights due to the complainant’s own or family member’s opposition activities.

A Dublin transfer to Bulgaria is annulled due to the vulnerability of the applicant combined with the risk of inadequate psychological treatment in Bulgaria, the applicant’s first country of asylum, and the lack sufficient individual guarantees in case of Dublin transfer.

In view of article 3 of the European Convention on Human Rights, Swiss authorities should obtain formal and detailed guarantees on care and accommodation from the Italian authorities before transferring families and vulnerable persons to Italy under the Dublin III Regulation.

This is because Decree-law 113/218 on Public safety and Immigration in Italy has deeply reformed the Italian refugee reception system.

The applicant brought an administrative action before the Administrative Court of the Circuit of Lisbon against the Ministry of Internal Affairs - Foreigners and Borders Service (SEF), in which he sought the annulment of the decision of the National Director of the SEF determining his transfer to Italy and the condemnation of the requested entity in the continuation of the process of international protection.

The Central Administrative Southern Court dismissed the appeal and, on grounds other than those set out in the contested judgment, upheld the decision to annul the decision of the National Director of SEF.