An Egyptian national first applied for asylum in Croatia and then again in the Netherlands. The State Secretary dismissed the applications as inadmissible and wanted to transfer the applicants to Croatia, considered responsible for the asylum application under the Dublin III Regulation. The applicant contested the transfer, arguing that the situation for third country nationals in Croatia was contrary to the ECHR.

The Council of State noted the principle of mutual trust between Member States of the European Union, which may assume in advance that the situation in another Member State does not conflict with the ECHR. Nevertheless, the Council noted that there may be grounds for further investigation if there are doubts as to whether the situation in another Member State meets the requirements of the ECHR.

The Council of State ruled that the State Secretary must conduct further investigation in the case of Croatia as so-called pushbacks, whereby foreigners are unable to apply for asylum, have been taking place on a large scale and for a long time on the external border of Croatia. The Council noted that various sources and reports showed that there were serious indications that pushbacks did not only take place when third country nationals crossed the border illegally but the risk of pushbacks existed also for third country nationals who were re-admitted by Croatia from other Member States.

The Council held that the State Secretary was no longer allowed to transfer third country nationals to Croatia on the basis of the Dublin III Regulation without first investigating the current facts and circumstances. The Council of State concluded that the State Secretary for Justice and Security must investigate whether transferring third country nationals to Croatia on the basis of the Dublin III Regulation is contrary to the ECHR and whether so-called Dublin applicants are included in the asylum procedure after transfer to Croatia. Thus, the State Secretary can no longer assume, without further investigation, that Croatia is complying with the requirements of the ECHR.