A, Syrian national, applied for international protection on 21 August 2020 and the Eurodac comparison revealed that he applied for international protection in Greece in 2019 and he obtained it in 2020. A Dublin interview took place, the applicant opposed to the transfer although the Greek authorities confirmed that he was granted international protection and accepted the re-admission. The SEM applied the safe third country concept and did not enter on the merits of the application for international protection.

The applicant contested that SEM did not properly assessed the facts of the case and the 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 tentative) and with serious and psychical problems, as stated in medical certificate and that SEM failed to assess the access to necessary and indispensable medical treatment in Greece. The applicant also alleged insufficient time in the procedure to submit all documents with regard to his medical situation.

The Federal Administrative Court allows the request with regard to the transfer to Greece and sent the case back to SEM for a complete examination of the facts, including health situation and access to medical treatment in Greece, namely psychotherapeutic and psycho pharmaceutic treatment. The FAC also noted 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.