The applicants, Iraqi nationals, have applied for asylum in Switzerland but the SEM decided to send a take charge request to Italy based on EURODAC findings. The applicants contested the Dublin transfer.

The FAC decided that in the context of a take charge transfer based on the Dublin Regulation, the Swiss authorities are no longer obliged to request preliminary guarantees, including for persons with serious health problems who have not yet applied for asylum in Italy. The FAC made a clear distinction between the two possible situations arising under the Dublin regulation – take charge request when the person has not yet filled an asylum application in Italy and take back request when the person concerned submitted an asylum application or whose application was denied

The FAC noted that after the adoption of the “Salvini Decree” (Legislative Decree 113/2018) in December 2020, asylum and reception conditions have improved for especially vulnerable asylum seekers.

The FAC concluded that the Secretary of State for Migration is not required to systematically request individual guarantees from the Italian authorities for each person with serious health problems before ordering their transfer to Italy under the Dublin Agreement. It may be assumed that Italy guarantees these persons access to appropriate medical assistance and accommodation. However, in the take-back cases, the Swiss authorities are still required to demand sufficient individual guarantees from the Italian authorities.