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15/09/2021
CZ: The Supreme Administrative Court rejected an appeal against a Dublin transfer to Romania, holding that the evidence does not suggest systemic flaws in the asylum procedure and reception conditions.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
Czech Republic, Supreme Administrative Court [Nejvyšší správní soud], M.L.I. v Police of the Czech Republic, 4 Azs 102/2021 - 29, 15 September 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2002
Case history
Other information
Abstract

The applicant received a decision to transfer him to Romania under the Dublin Procedure and to hold him in detention for 30 days awaiting the transfer. He appealed against the decision on grounds that Romania is unable to ensure the proper conduct of the asylum procedure and that there are systematic flaws in the Romanian asylum system. The applicant drew attention to the capacity problems of the Romanian asylum system and to the deterioration of the situation due to the COVID-19 outbreak, as well as to the inacceptable living conditions in the Romanian refugee camps and the lack of access to healthcare for asylum-seekers. The appeal was dismissed by the Regional Court of Prague and stated that the flaws in the asylum procedures and the poor living conditions in Romania were taken into account in the decision and did not amount to deficiencies of a systemic nature within the meaning of Article 3(2) of the Dublin III Regulation. The applicant appealed this decision.


The Supreme Administrative Court referred to previous case law in noting that the Common European Asylum System is based on the principle of mutual trust between Member States and that the transfer can only be stopped when there are serious grounds for believing that systemic deficiencies occur in the receiving State. It further noted that the Court was not aware of any evidence suggesting shortcomings in the Romanian asylum procedure or in the reception conditions. Additionally, the applicant did not put forward any evidence prior to the initial decision and the shortcomings indicated at the appeal stage cannot amount to torture or inhuman treatment, considering the situation of the applicant, nor constitute systemic deficiencies. The Court therefore ruled that the appeal was unfounded and upheld the decision of the Regional Court.


Country of Decision
Czech Republic
Court Name
CZ: Supreme Administrative Court [Nejvyšší správní soud]
Case Number
4 Azs 102/2021 - 29
Date of Decision
15/09/2021
Country of Origin
Keywords
Detention/ Alternatives to Detention
Dublin procedure
Torture or inhuman or degrading treatment or punishment
Source
Nssoud.cz