Case summaries

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.

The Dutch Council of State does not consider ‘the best interest of the child’-criteriοn automatically fulfilled, in the context of a Dublin transfer, when an unaccompanied minor can be transferred to an adult family member in another MS. In turn, it considers that the authorities have to substantially and individually investigate whether the best interest of the child is respected when transferring. 

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.

Not all cases with an international element can establish jurisdiction under the Convention; an assessment of exceptional circumstances on the basis of the specific facts of each case is required.

The applicants do not have any connecting links with Belgium and their sole presence in the premises of the Belgian Embassy in Lebanon cannot establish jurisdiction, as they were never under the de facto control of Belgian diplomatic or consular agents. Jurisdiction under Article 1 ECHR cannot be established solely on the basis of an administrative procedure initiated by private individuals outside the territory of the chosen state, without them having any connection with that State, nor any treaty obligation compelling them to choose that state.

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.

Given the emergency of the situation, family reunification could only be refused in circumstances where the relevant individual does not comply with principles of public order.

As a result, the Court concluded that there were serious doubts as to the legality of the decisions refusing family reunification.

The Court found no violation of the Convention given that the applicants would have had access to a genuine and effective possibility of submitting arguments against their expulsion had  they entered lawfully into Spain – they did not have any “cogent reasons” for not using the border procedures available at designated entry points. As such, the lack of an individualised procedure for their removal was the consequence of their own conduct.

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.