A, a Syrian national, applied for international protection on 21 August 2020 in Switzerland and a Eurodac comparison revealed that he applied for international protection in Greece in 2019, where he obtained protection in 2020. The Greek authorities confirmed that he was granted international protection and accepted the re-admission. The State Secretariat for Migration (SEM) applied Article 31a (1a) of the Asylum Law (safe third country concept) and did not examine the merits of the application for international protection. The SEM noted that the applicant did not submit any medical evidence on facts that would prevent his transfer to Greece.

The applicant contested the decision, arguing that SEM did not properly assess the facts of the case, nor his allegations pertaining to access to medical treatment, to the fact that the applicant experienced traumatic events in his country of origin and in Greece, that he was anxious (crisis with suicidal attempt) and with serious and psychical problems, as stated in a medical certificate. The applicant alleged that SEM failed to assess the applicant’s access to necessary and indispensable medical treatment in Greece. The applicant also alleged that there was insufficient time in the procedure to submit all documents with regard to his medical situation.

The Federal Administrative Court allowed the request about the transfer to Greece and sent the case back to SEM for a complete examination of the facts, including on the health situation and the access to medical treatment in Greece, namely psychotherapeutic and psycho pharmaceutic treatment. The FAC found that the SEM should have taken into consideration that the medical situation of the applicant has evolved after the Dublin interview took place and that facts were incompletely assessed. The FAC considered that the SEM will have to proceed to a new individual examination of the case and of the admissibility of the application for asylum.