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01/04/2023
IT: The Tribunal of Lecce annulled a Dublin transfer to Malta considering that there was a risk of inhuman treatment for the applicant due to inadequate conditions of reception in Malta.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
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
Italy, Civil Court [Tribunali], Applicant v Ministry of the Interior (Ministero dell'interno) - Department for civil liberties and immigration - Dublin Unit, R.G. 9690/2020, 01 April 2023. 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=3429
Case history
Other information

Council of Europe, European Court of Human Rights [ECtHR], Feilazoo v Malta, Application no. 6865/19, ECLI:CE:ECHR:2021:0311JUD0006865, 11 March 2021.
Abstract

The applicant challenge a Dublin transfer decision to Malta, issued by the asylum authorities in Italy.


The Court of Lecce annulled the Dublin transfer decision and held that, if transferred to Malta, the applicant could be subjected to inhuman and degrading treatment, as he would not be provided with adequate reception conditions, considering that there were indications of systemic deficiencies in Malta’s reception conditions. The court referred in its decision, among others, to reports of AIDA, UNHCR, Amnesty International and case law of the ECtHR (Feilazoo v Malta, 11 March 2021).


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Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
R.G. 9690/2020
Date of Decision
01/04/2023
Country of Origin
Bangladesh
Keywords
Dublin procedure
Reception/Accommodation
RETURN