The complainants, a married couple and their child, applied for international protection in Denmark, while having a visa for Italy. The Immigration Service noted the visa and held that Italy is the Member State responsible to examine their request for international protection. The complainants challenged the decision and argued that they are persons with special needs as one of them was a victim of torture and mentally affected and following psychological treatment, that the other complainant has mental problems and following medical treatment, and that the child was mentally fragile.

The Refugee Appeals Board held that the case must be referred back to the Danish Immigration Service for an examination of the impact of the state of emergency introduced in Italy on 11 April 2023 for a duration of six months. The Board held that it is also necessary to examine whether there is a difference in accommodation options depending on the stage in which the Dublin transferee is at.

It was noted that the Italian authorities have indicated in circular letters of 5 and 7 December 2022 that Italy temporarily suspended all incoming transfers under the Dublin III Regulation due to the pressure on the country’s borders and insufficient reception facilities. In addition, the Board noted that by e-mail dated 2 January 2023, the Italian authorities stated that they still do not allow Dublin transfers and that therefore all planned transfers must be considered as cancelled.