The applicant, a Syrian national, submitted a request for international protection on 17 November 2020 and was heard by the Police Service on the same day on his identity and the itinerary he followed to arrive in Luxembourg. It was found, on the basis of his fingerprints in the EURODAC database, that he irregularly crossed the Italian border on 21 October 2020. Following an interview with an agent from the Directorate for Immigration to determine the state responsible for examining the asylum application, on 18 November 2020, the authority addressed a request to the Italian authorities to take charge of the applicant’s asylum application on the basis of article 13, paragraph (1) of the Dublin III Regulation. On 24 November 2020 the applicant was assigned to the Kirchberg emergency accommodation facility for a period of three months. On 15 January 2021, the Italian authorities accepted the request to take charge of the applicant's request for asylum.  

Following the notification of the decision, the applicant disappeared from the accommodation facility. On 9 March 2021 the applicant appealed the ministerial decision to the Administrative Tribunal alledging inadequate reasoning and a lack of justification, which does not take into account the fact that Italy does not comply with the Reception Directive. The applicant additionally argued that a transfer to Italy would expose him to the risk of suffering inhumane and degrading treatment in breach of Article 3 (2) and Article 17 (1) of the Dublin III Regulation, as he would lack access to minimum material reception conditions, Article 3 of the ECHR and Article 4 of the Charter, considering the conditions of access and material reception conditions resulting from a number of reports and articles.

The Tribunal noted that the Dublin III system is based on the assumption that all the Member States of the EU are governed by law in which applicants for international protection can assert their rights and seek the assistance of State bodies. While it is possible for an applicant to question the taking charge by a Member State of their application where there are systemic deficiencies, these deficiencies require to be classified as inhuman and degrading treatment within the meaning of the Charter. The Tribunal noted that it was not provided with evidence from which it could be concluded that there were systemic flaws in the asylum procedure and reception conditions in Italy. For these reasons, the Tribunal rejected the applicant’s appeal and upheld the decision of the Ministry.