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16/01/2020
Applicant v National Deputy Director of the Foreigners and Borders Bureau, Ministry of Internal Affairs

ECLI
Input Provided By
EASO IDS
Other Source/Information:
http://www.aca-europe.eu/wwjurifast/Resultats/QDACADM3sa8CAA
Referral to the CJEU
No
Original Documents
Type
Decision
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); Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;
Reference
Portugal, Supreme Administrative Court [Supremo Tribunal Administrativo], Applicant v National Deputy Director of the Foreigners and Borders Bureau, Ministry of Internal Affairs, case no. 02240/18.7BELSB, 16 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=1259
Headline Topic
PT: Supreme Administrative Court rules on Dublin procedure and conditions to be granted asylum
Case history
Related cases:
Abstract

The case concerns the transfer of the applicant under the Dublin III Regulation, from Portugal to Italy, deemed the responsible state for the applicant's request for international protection. The court held that there are no obstacles to the transfer, as there are no indications of a systemic failure to provide adequate reception conditions or systemic flaws in the asylum procedure or any risk of ill-treatment in Italy. 

According to the unofficial translation of the summary of ACA-Europe:

"I - In accordance with the provisions of Regulation 604/2013, of the European Parliament and of the Council of 26/06/2013, in cases where there are valid reasons to believe that there are systemic failures in the asylum procedure and in the conditions for the reception of applicants and that such failures entail the risk of inhuman or degrading treatment, namely because it involves torture, the State concerned must endeavor to obtain updated information about the existence of a risk that the applicant may be subjected to such treatments;

II - Illegal immigration, which occurs for many and varied reasons, all aiming at improving the immigrant's living conditions, cannot be confused simply with the refugee situation. The latter, who in a broad sense is still an immigrant, seeks refuge in a foreign country because he rightly fears he will be persecuted in his country of origin as a result of activities carried out in favor of democracy, social and national freedom, peace between peoples, freedom and human rights, or because of their race, nationality, political beliefs or belonging to a particular social group."

Country of Decision
Portugal
Court Name
PT: Supreme Administrative Court [Supremo Tribunal Administrativo]
Case Number
case no. 02240/18.7BELSB
Date of Decision
16/01/2020
Country of Origin
Keywords
Assessment of Application
Dublin procedure
Torture or inhuman or degrading treatment or punishment