Case summaries

Rejection of the re-application of Lebanese nationals as inadmissible "subsequent applications" under Directive 2013/32/EU.

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. 

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.

An authority examining an application for international protection by an individual already holding protection status in another Member Statemust check whether the protection of fundamental rights is systematically guaranteed by the country already providing international protection. This especially concerns applicants who are entirely dependent on public aid, and, in particular, on the public health system of the country providing them protection. 

The Foreigners and Borders Service (SEF) appealed against the judgment of the Administrative Court of Sintra, which had upheld the application for annulment of the order of the National Director of SEF - holding that the application for asylum made by the defendant was inadmissible and held that Italy was the State responsible for taking back the applicant - and had ordered SEF to admit, process and assess the applicant's claim, with a final decision.

The Central Administrative Court of the South dismissed the appeal, confirming the contested decision on the ground of a real and proven risk of the applicant suffering cruel, degrading or inhuman treatment.

The State Secretariat for Migration (SEM) must carry out an individualised examination to determine whether there are substantial grounds for believing that the asylum procedure of the Member State where the applicant shall be transferred to has systemic weaknesses that would entail a risk of inhuman treatment or chain deportation.

The transfer of a family to the previous country of entry (Bulgaria), which might entail the risk of refoulement to the country of origin (Afghanistan), would cause an irreversible and serious harm; it ordered the suspension of the transfer decision until the final decision, on the annulment of the rejection of the application on the refugee status, was issued.

The Court decides that Greece is responsible for the examination of the applicant’s claim for international protection. The Court does not find that asylum procedures in Greece are flawed and that the applicant will be exposed to inhuman and degrading reception conditions. Moreover, neither the fact that the applicant’s sister is living in Germany nor the purpose of medical and psychological support in a Member State entitles the applicant under the Dublin Regulation to choose which country will examine his application for international protection.