The applicants, Iraqi nationals, applied for asylum in Switzerland and SEM decided to transfer them back to Croatia where they have applied first. The applicants appealed against the transfer and argued that they have been victims of violence from the Croatian police and of pushbacks towards Bosnia.

The FAC considered that SEM failed to respect its obligation to properly investigate on the violence suffered by the family from the Croatian police. Although SEM did not contest the pushback allegations, these facts y were not considered relevant for the Dublin procedure.

The SEM did not properly investigate on the violence and did not sufficiently reason its decision on the existence of a potential risk contrary to the Article 3 ECHR if the applicant were to be expulsed towards Croatia. Having regard to the plausibility of the allegations (demonstrated also by the psychological state of the applicants upon arrival in Switzerland), the FAC stated that SEM should have examined first on the violence of the Croatian police as there was a real risk that Switzerland would violate international instruments in case of readmission to Croatia. According to the FAC, SEM had the duty to observe the nature and the intensity of the violence suffered and to examine the application under the sovereignty clause. The SEM decision was annulled, and the case was sent back for re-examination.