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03/03/2022
PT: The South Central Administrative Court ruled that the applicant's health issues constituted a vulnerability factor to be investigated by the authorities before ordering his Dublin transfer to Italy.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
Portugal, Central Administrative Court [Tribunal Central Administrativo] , Immigration and Borders Service (SEF) v Administrative Court of the Lisbon Circuit, 917/21.9BELSB, 03 March 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3046
Case history
Other information
Abstract

The South Central Administrative Court upheld the decision of the Administrative Court of the Lisbon Circuit dated 02.12.2021 which annulled the decision of the SEF ordering the applicant's transfer to Italy in the framework of the Dublin III Regulation. The court stated that the SEF violated its obligation to investigate the serious risk of subjecting the applicant to inhuman or degrading treatment in the Member State responsible for examining the asylum application' in connection with the applicant's health issues. The court stated that this obligation should be interpreted broadly and thus required the SEF to investigate the care the applicant would receive in Italy with regard to his health issues prior to ordering his transfer, as these issues constitute a vulnerability factor which may entail special needs.
Country of Decision
Portugal
Court Name
PT: Central Administrative Court [Tribunal Central Administrativo]
Case Number
917/21.9BELSB
Date of Decision
03/03/2022
Country of Origin
Uganda
Keywords
Dublin procedure
EUAA COI Reports
Medical condition
Vulnerable Group
Source
IGFEJ