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30/01/2020
IT: Cassation Court ruled on application of Article 19 (2) of the Dublin III Regulation

ECLI
Input Provided By
EUAA IDS
Source
Meltingpot
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Order
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP);
Reference
Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Iftikhar Muhammad (Pakistan) v Ministry of Interior (Ministero dell'interno), 25387/2018, 30 January 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1137
Case history
Related cases:
Abstract

In this case the Court of Cassation quashed the decision of the Trieste Tribunal which had erroneously applied Article 19 (2) of the Dublin III Regulation.

In this case the applicant applied for asylum in Germany on 22 June 2016, Germany accepted responsibility for the application and the applicant had left Germany in December 2016. He had been living in Serbia until the end of May 2018 when he entered Italy and request international protection. 

The Trieste Tribunal held that Germany is competent as the EU state where the application for protection was first submitted despite the fact that Germany had rejected the application for international protection and the applicant had left the EU territory for over three months. 

The Court of Cassation held that Italy's competence does not depend on Germany's discretionary decision. It held that according to Article 19 (2) of the Dublin III Regulation, when the foreigner seeking international protection has left the EU for at least three months, the subsequent application lodged must be considered as new and starts a new state determination procedure. 

Country of Decision
Italy
Court Name
IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Case Number
25387/2018
Date of Decision
30/01/2020
Country of Origin
Pakistan
Keywords
Dublin procedure
Pakistan