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12/10/2021
IT: The Tribunal of Genova annulled a Dublin transfer to Romania on grounds that the applicant could be subject to inhuman and degrading treatment.

ECLI
Input Provided By
EUAA IDS
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)
Reference
Italy, Civil Court [Tribunali], Applicant v Dublin Unit of the Ministry of Interior (Unita di Dublino, Ministero dell'Interno), 12 October 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=2164
Case history
Other information
Abstract

The case concerned an applicant from Afghanistan who arrived in Romania together with her husband and her son, who was born in Serbia during their travel. They did not apply for international protection in Romania and left the country due to the systemic deficiencies in the reception system. They received a decision ordering their transfer to Romania and appealed against it on grounds that Romania was not a safe EU Member State ad there are systemic deficiencies in the asylum and reception system and the applicants would be subject to inhuman and degrading treatment. According to AIDA and ECRE reports on Romania, despite an improvement in the asylum and reception systems, there are still issues due to high arrivals and lack of capacity in reception systems. Therefore, the Tribunal noted that in this case the applicant, together with her son, would be subject to inhuman and degrading treatment upon transfer to Romania. The Tribunal accepted the appeal and annulled the order of transfer.


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
Date of Decision
12/10/2021
Country of Origin
Afghanistan
Keywords
Dublin procedure
Minor / Best interests of the child
Torture or inhuman or degrading treatment or punishment
Source
Melting Pot
Other Source/Information
Melting Pot