Case registered before the CJEU under C-614/21

The case concerns a Dublin transfer of a Sudanese applicant to Malta, as responsible Member State under the Dublin III Regulation. The District Court of the Hague decided to refer the case to the CJEU for a preliminary ruling on the scope the principle of mutual trust between Member States. The referring court asked whether human rights violations, precisely pushbacks and the use of detention by the Member State responsible under Dublin III Regulation should result in a prohibition of the transfer, or whether the transferring Member State cannot rely on this principle and must be given the burden of proof to demonstrate that, after the transfer, the applicant will not be placed in a situation contrary to Article 4 of the EU Charter. In addition, the referring court seeks guidance on the burden and standard of proof in such case if it is alleged that the transfer under Article 3(2) of the Dublin III Regulation should be prohibited and whether there is an obligation to cooperate in Dublin procedures and whether, in the event of serious and systemic infringements of fundamental rights with respect to third‑country nationals, the transferring Member State must request individual guarantees.