The applicant contested a Dublin transfer to Lithuania, which was determined by the Federal Office for Migration and Refugees (BAMF) as the state responsible for the examination of the application based on Article 18(1)(b) of the Dublin III Regulation, as the applicant, according to documents submitted, applied for asylum in Lithuania.

The Regional Administrative Court of Düsseldorf rejected the appeal holding that there were no impediments to transferring the applicant to Lithuania. The court noted that there were no substantial reasons for assuming that the asylum procedure and the reception conditions for asylum applicants in this Member State had systemic deficiencies in violation of Article 4 of the EU Charter or Article 3 of the European Convention. The court noted that it does not ignore the fact that the Lithuanian legislature passed a legislative package to change the asylum procedure due to the mass influx of refugees across the Belarusian-Lithuanian border in July 2021 and August 2021, which significantly curtailed the rights of asylum seekers. It observed that in the present case, it was doubtful whether the Lithuanian emergency laws applied to the applicant at all, since he was able to apply for asylum in Lithuania. The court further noted that due to the principle of mutual trust, it can be assumed that these regulations will no longer be applied by the authorities or, if this should happen, a foreigner can at least successfully apply for legal protection in court. Finally, the court held that the reception conditions prevailing for Dublin returnees in Lithuania also do not allow the conclusion that they have been treated inhumanely or degradingly.