The case concerned a Dublin transfer to Italy of an asylum applicant and her minor children.

The applicant, an Eritrean national, and her two minor daughters, arrived in the Netherlands on 21 March 2018. Her asylum application was not examined by the Dutch authorities as it was found that As the Italian authorities were considered responsible for the processing of the asylum application, the Dutch authorities did not examine her application and held that the asylum and reception systems in Italy were not affected by systemic shortcomings. The applicant challenged the decision and argued before the ECtHR that, in the abscence of individual guarantees from the Italian authorities, the transfer would breach Article 3 as they would be left without adequate reception facilities and access to medical care.

The ECtHR dismissed the application as manifestly ill-founded, holding that the Italian Government confirmed that under the new regime, the applicant would be given priority as a single mother with minor children and she would be eligible for placement in the SAI network. The court further noted that the latest legislative amendments included an extension of the services provided in the first-tier reception facilities, where the applicant might receive accomodation pending an availablity in the secon-tier accomodation. In addition, the court also noted that the applicant did not argue that the necessary treatment for one of her daughters was not available in Italy. The court concluded that the applicant did not prove that her prospects in Italy, from a material, physical or psychological perspective, amounted to a sufficiently real and imminent risk of hardship that fell within the scope of Article 3 of the Convention.