By decision of 17 May 2021, the applicant’s request for international protection was not considered as the Dublin III Regulation was applied and Italy was deemed the state responsible to deal with the application. The applicant contested the decision invoking a violation of the EU Charter, Article 4, and arguing that conditions for asylum applicants are poor in Italy and based its arguments on an exchange of emails from 1 February 2021 with an employee of the The European Legal Network on Asylum, working in Italy.  

The Court of the Hague rejected the appeal and found that, although the applicant may find himself on the streets for a few days, it does not mean that there are plausible reasons to prevent transfers to Italy. The Court based its judgment of the ECtHR judgment of 23 March 2021 where the European Court held that a Dublin applicant has access to the asylum system and is entitled to reception in Italy, including vulnerable applicants. Moreover, the ECtHR found that the new legislation contains more guarantees and certain provisions of the 'Salvini Decree' were changed.