The applicants, Iranian nationals, applied for asylum but the SEM decided to transfer them to Croatia which agreed to it. Two of the applicants, father and son, submitted medical reports during the interview in order to substantiate their fear that a transfer would deteriorate their health state but SEM decided on the transfer. The applicants appealed against the decision and argued that the conditions in Croatia are poor and CODI-19 puts an additional pressure, rendering impossible for the applicants to receive adequate treatment. The FAC allowed the appeal and returned the case to SEM for re-examination.

The FAC considered that the Croatian authorities would take into account the particular vulnerability of the applicants for the asylum procedure and for the accommodation. The Court mentioned that there is no indication that Croatia does not respect its international obligations with regard to medical treatment. However, a special treatment and adequate for applicants with special needs (victims of torture, victims of sexual violence, or other physical or psychical violence) although prescribed by law, it not generally available in reality (according to AIDA report). The FAC stated that the fact that two of the applicants 9father and son|) did not receive yet a diagnosis and the proper and necessary treatment are a weighty factor. The SEM should have requested again detailed medical reports in order to establish the medical diagnosis, the necessary treatment, the evolution and expected follow up. These clarifications would be necessary to determine, based on the medical situation of the applicants.