The Ministry of Interior, submitted a judicial review against the decision of the Southern Central Administrative Court by which the inadmissibility decision against the applicant has been annulled and also the decision to transfer the applicant to Italy in Dublin procedure was found illegal due to systemic flaws in the asylum system in the country of destination and risk of violation of Article 3 ECHR. The Administrative Court ordered the case to be referred back for re-examination by the determining authority.

The Supreme Administrative Court allowed the appeal and annulled the lower court decision, considering that only in duly justified cases, namely where there are serious grounds to consider that systemic flaws in the asylum and reception system would expose the applicant to the risk of inhuman or degrading treatment, it is necessary to obtain up to date information in order to assess such risk. The decision of the determining authority remained valid.