The Supreme Court ruled on the case of an applicant that applied from Cameroon who applied for international protection in Slovenia and was transferred to Croatia. The applicant appealed on grounds that it was a violation of the prohibition of refoulement in Article 19 (2) of the EU Charter of Fundamental Rights and of the prohibition of collective expulsion included in Article 19(1), as well as of the right to access the asylum procedure under Article 18, as the defendant did not consider the situation in Croatia and Bosnia and Herzegovina and the treatment of returned migrants by the Croatian authorities and the conditions of residence of migrants in Bosnia and Herzegovina. The applicant argued that return to Croatia and consequentially to Bosnia and Herzegovina could expose him to inhuman and degrading treatment.

The Court of First Instance noted that the defendant was in breach of the prohibition of collective expulsion as the competent police authority did not objectively assess the applicant’s individual circumstances and the applicant was not given the possibility to defend himself. Additionally, the defendant did not sufficiently assess the situation in Croatia and in Bosnia and Herzegovina, resulting in a breach of the prohibition of refoulment. The Court also held that it was clear from the applicant’s administrative file that he had shown the intention to seek asylum, and he had a right to be informed that he was in the process of being returned to Croatia. The defendant appealed the decision to the Supreme Court on grounds of infringement of essential procedural requirements, misapplication of substantive law and incorrect and incomplete findings of fact. The Supreme Court dismissed the appeal.