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08/11/2021
DE: The Regional Administrative Court considered the applicant's Dublin transfer to Italy in the framework of the CJEU judgment of Jawo and the ECtHR's judgment of MT.

ECLI
Input Provided By
EUAA Networks
Other Source/Information
Type
Judgment
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
Germany, Higher Administrative Court (Oberverwaltungsgericht/Verwaltungsgerichtshöf), Applicant v Federal Office for Migration and Refugees (BAMF), A 4 S 2850/21, 08 November 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=2321
Case history
Other information
Abstract

The court considered in this case the Dublin transfer of a single male applicant. It reviewed the standards established under the CJEU’s Jawo judgment and concluded that the Italian reception centres, and the temporary reception centres (CAS), continue to offer a generally suitable accommodation. The court also underlined, that Italian employers are generally reliant on applicants’ and beneficiaries’ employment, especially in the agricultural sector with significant labour shortages. Hence, a healthy single male applicant can in principle secure his living and would not be at risk of inhuman or degrading treatment.


The situation may be different in individual cases of applicants with vulnerabilities, and, even in the light of the ECtHR judgment in MT, authorities must ensure that special needs and vulnerabilities are tended to, before deciding on the transfer of an applicant.


Country of Decision
Germany
Court Name
DE: Higher Administrative Court (Oberverwaltungsgericht/Verwaltungsgerichtshöf)
Case Number
A 4 S 2850/21
Date of Decision
08/11/2021
Country of Origin
Togo
Keywords
Dublin procedure
Reception/Accommodation
Vulnerable Group
Source
OpenJur
Original Documents