The German Federal Administrative Court confirmed on 27 January 2022 the decision of the Higher Administrative Court of North Rhine Westphalia of July 2021, halting the Dublin transfer of a single man to Italy.

The transfer was ruled to be unlawful due to the lack of accommodation in Italy, the fact that the person will not find a job within the foreseeable future that offers him an income sufficient to finance decent accommodation and living expenses, which would result in a risk of being exposed to ill treatment contrary to Article 3 of the ECHR and Article 4 of the EU Charter. The court held that the court of appeal correctly assessed that the accommodation options provided by churches, non-governmental organizations and private individuals do not offer a substitute for a lack of state accommodation and that it was difficult to record the number of places available from churches, non-governmental organizations or private individuals, which were usually only intended for emergencies.