The applicants, Afghan nationals, applied for asylum in Switzerland but Eurodac revealed that the applicants were caught in Greece and Croatia in 20202 but no asylum application ahs been submitted there. A take back request was accepted by Croatia and SEM decided to transfer them. The applicants contested the decision and the woman has mentioned that she had lost a pregnancy while being pushed back by the Croatian authorities. The applicants described the pushbacks as allegedly with police violence.

The FAC considered that the SEM did not sufficiently assess detailed reports on the problematic of pushbacks. The woman did not lodge yet an asylum application in Croatia. The SEM based its assessment on the verification made by the Swiss embassy according to which there is not convincing that persons who are sent back within the Dublin procedure are threatened with pushbacks immediately after arriving in Zagreb. However, the FAC stated that there are insufficient concrete indications in the overall sources and their content, including that there are insufficient data on how the Croatian authorities are treating asylum applicants in general. The FAC annulled the contested decision and referred the case back to SEM for a proper re-examination of facts.