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14/07/2021
IT: The Tribunal of Turin annulled a Dublin transfer to Bulgaria due to a well-founded risk of inhuman or degrading treatment.

ECLI
Input Provided By
EUAA IDS
Type
Decision
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
Italy, Civil Court [Tribunali], Applicant v Dublin Unit of the Ministry of Interior (Unita di Dublino, Ministero dell'Interno), RG 23165/2020, 14 July 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=2048
Case history
Other information
Abstract

The case concerned an applicant from Afghanistan who applied for international protection in Italy. Upon registration, it was verified in the Eurodac database that the applicant had previously requested international protection in Bulgaria. The request to take charge of the application under the Dublin regulation was accepted by Bulgaria, and the transfer was notified to the applicant. An appeal against this decision was submitted on grounds that the applicant would be subject to inhumane and degrading treatment upon his return to Bulgaria and that, as he would be returned from Bulgaria to Afghanistan, this would be a violation of the non-refoulement principle.


The Tribunal of Turin considered a number of reports, including by Amnesty International, ECRE and the Bulgarian Helsinki Committee, which highlighted the lack of adequateness of the asylum system and the related services in Bulgaria, in particular with regards to the support for unaccompanied minors, the identification of vulnerabilities, the provision of legal aid, and the poor detention procedures. Additionally, reports continue on the pushbacks of migrants arriving at the borders with Turkey, and on low recognition rates for many nationalities, including for Afghans nationals. Reception facilities are also in poor conditions and under the minimum standards required, and the opportunities for the integration of refugees are lacking. Taking into account the reports, the Tribunal ruled that the conditions of the asylum and reception system in Bulgaria are not such to guarantee that the applicant would not be subject to degrading and inhumane treatment and held that Italy should be responsible for the assessment of the application for international protection in this case.


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
RG 23165/2020
Date of Decision
14/07/2021
Country of Origin
Afghanistan
Keywords
Dublin procedure
Non-refoulement
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment
Source
Melting Pot
Other Source/Information
Asgi.it