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29/09/2021
LU: The Administrative Tribunal rejected an appeal against a transfer decision to Italy.

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); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE
Reference
Luxembourg, Administrative Tribunal [Tribunal administratif], Applicant v Ministry of Immigration and Asylum (Ministere de l'Immigration et de l'Asile), No 46426, 29 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=2030
Case history
Other information
Abstract

The applicant is a national of Chad, who challenged a decision to transfer him to Italy by decision of 19 August 2021 in accordance with the Dublin III Regulation. The applicant challenged the decision, claiming that he would be subjected to inhuman treatment due to the poor conditions in Italy and the medical health problems that he has (tuberculosis and PTSD).


The court rejected the claim. It held that in so far as the applicant did not have the status of applicant for international protection during his stay in Italy, he could have personally encountered systemic deficiencies there.


The court further noted that there is no relevant evidence to support the conclusion that, as an applicant for international protection in Italy, the asylum procedure and minimum reception conditions would not be ensured there because of systemic deficiencies. Furthermore, the evidence produced does not enable the court to establish, either in the particular case of the applicant or in general, the existence of systemic deficiencies in Italy within the meaning of Article 3 (2) (2) of the Dublin III Regulation.


As regards the applicant’s state of health, the court held that it is not apparent either from the administrative file or from the document drawn up by the International Protection Applicants’ Health Unit dated 22 June 2021 that the applicant has latent tuberculosis.


Country of Decision
Luxembourg
Court Name
LU: Administrative Tribunal [Tribunal administratif]
Case Number
No 46426
Date of Decision
29/09/2021
Country of Origin
Chad
Keywords
Dublin procedure
Reception/Accommodation