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14/03/2023
DE: The Regional Administrative Court of Cologne annulled a Dublin transfer to Italy, noting that there were far-reaching systemic deficiencies in Italy’s asylum system.

ECLI
Input Provided By
EUAA IDS
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
Germany, Regional Administrative Court [Verwaltungsgericht], Applicant v Federal Office for Migration and Asylum (BAMF), 22 K 6528/19.A, 14 March 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=3430
Case history
Other information
Abstract

The Regional Administrative Court of Cologne annulled a Dublin transfer decision issued by the Federal Office for Migration and Asylum (BAMF) in the case of an applicant from Azerbaijan and held that it was convinced that, at the relevant time of the court decision with regard to the asylum procedure in Italy, there were far-reaching systemic deficiencies in Italy’s asylum system. The court further noted that on 5 and 7 December 2022, the Italian Ministry of the Interior informed Member States that the Italian authorities refuse to take back those seeking protection in accordance with the Dublin III Regulation, citing technical reasons and lack of reception capacity for a limited period, but without naming a specific end date. The court noted that there was actually a diplomatic refusal to accept Dublin returnees for an indefinite period as a means of political pressure within the negotiations taking place at EU level on a Common European Asylum Policy. The court concluded that it could not be foreseen when Italy would be willing to meet its obligations under the Dublin III Regulation. 


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
22 K 6528/19.A
Date of Decision
14/03/2023
Country of Origin
Azerbaijan
Keywords
Dublin procedure
Reception/Accommodation
Source
OpenJur