The Federal Administrative Court ruled that Dublin transfers to Italy of families with minors can be resumed following the revocation of the ‘Salvini Decree’. By judgement of 17 December 2019, the FAC decided that the ‘Salvini Decree’ seriously affected families with minor children and applicants with medical needs and Dublin transfers could not be implemented for such applicants.

The SEM noted that, by the new Decree 130/2020, Italy has repealed a large number of legislative provisions contained in the ‘Salvini Decree’ and currently applicants transferred within the Dublin procedure have access to a second level reception system (sistema di accoglienza e integrazione), including access to particular assistance when needed and having priority for transfer to first reception centres.  

The SEM considered that in this case the Dublin transfer is possible in light of the legislative changes with regard to a single mother and her son. The FAC confirmed the SEM decision and stated that the recognition of the family unity alongside with the assurance of an adapted accommodation for family as they are provided by the new legislation in Italy, are sufficient guarantees, in line with the FAC and the ECtHR jurisprudence.