The case concerned three applicants from Afghanistan, a mother with her two minor children, who applied for asylum in Switzerland, after they had previously applied in Slovenia. During the proceedings, the applicant was transferred to another accommodation center on basis of allegations of physical violence against her husband, who is the father of the children. By decision of 6 December 2021, the SEM ordered them to leave the territory because Switzerland was not responsible to process the application and Slovenian authorities accepted the transfer. The applicant submitted an appeal against the transfer decision, requested her claim to be treated separately from her husband and argued that she would be at risk of being victim of domestic violence if transferred with her husband to Slovenia.

The applicant mentioned that she was forced to get married at the age of 13, and her husband was repeatedly ­using extreme physical violence against her, including during the asylum procedure in Switzerland. According to the applicant, violence was also directed against ­the children and had intensified during the proceedings, which made her more afraid about being transferred to Slovenia.

The Federal Administrative Court dismissed the appeal and stated that Slovenia is a Member State which respects the rule of law, and the authorities are willing and capable of offering sufficient protection to the applicant and her children. The Federal Administrative Court further mentioned that it was not relevant that the responsible Member State had not ratified the Istanbul Convention.

The Federal Administrative Court also added that Slovenian authorities can take into consideration the best interests of the children and the situation of the applicant as a single mother with two children, and that it disposes of sufficient medical infrastructure to offer medical assistance. It further noted that Member States are obliged to make the necessary medical care available to applicants, including at least emergency care and the treatment of diseases and serious psychiatric ­disorders.