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11/01/2023
SI: The Supreme Court ruled that the applicant failed to provide evidence that transferring him to Croatia under the Dublin III Regulation would violate Article 4 of the EU Charter as referred to in Article 3(2) of the Dublin III Regulation.

ECLI
ECLI:SI:VSRS:2023:I. UP.245.2022
Input Provided By
EUAA Networks
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); EU Charter of Fundamental Rights
Reference
Slovenia, Supreme Court [Vrhovno sodišče], Applicant v Ministry of the Interior, VS00063929, ECLI:SI:VSRS:2023:I. UP.245.2022, 11 January 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=3439
Case history
Other information
Abstract

The Administrative Court rejected an appeal brought against a decision of the Ministry of the Interior to dismiss an applicant’s request for international protection. The Ministry decided not to consider the application as, under the Dublin III Regulation, Croatia was the Member State responsible for his application for international protection.


The applicant claimed that his application for international protection was made in Croatia under circumstances that made it invalid. He alleged that police had arrested him, detained him, and taken his fingerprints and that he did not know why, as he was released immediately after.


The Supreme Court dismissed the claims of the applicant and assessed that there was no reasonable presumption that there were, in the present case, systemic deficiencies in Croatia as regards the asylum procedure and reception conditions for the applicant which could create a risk of inhuman or degrading treatment. The applicant also failed to demonstrate that he personally would be exposed to a risk of inhuman or degrading treatment following a transfer to Croatia. The Supreme Court thus rejected the applicant’s appeal. The motion for a temporary suspension of the transfer decision was likewise denied by the court.


Country of Decision
Slovenia
Court Name
SI: Supreme Court [Vrhovno sodišče]
Case Number
VS00063929
Date of Decision
11/01/2023
Country of Origin
Russia
Keywords
Dublin procedure
Reception/Accommodation
Source
Sodna Praksa