A Gambian national challenged a Dublin transfer decision to Italy. He claimed that Italy's reception capacities had recently deteriorated and that there were systemic gaps in reception, in particular for vulnerable applicants. He asserted that, due to serious health problems and thus being a particularly vulnerable person, a transfer to Italy was likely to cause a significant deterioration of his illness and health condition. The Administrative Court had annulled the transfer. The Immigration and Borders Service (SEF) appealed against that judgment before the Supreme Administrative Court.

The Immigration and Borders Service (SEF) assessed that there were no indications that there were systemic flaws in the asylum procedure and in the reception conditions of applicants, including a risk of inhuman or degrading treatment, and with regard in particular to access to health care. It thus found no obstacles for a transfer to Italy.

The Supreme Administrative Court considered the question of whether the SEF had to ascertain if it would be appropriate to transfer the applicant to Italy, with regard to his health issues and taking into account the applicant’s vulnerability, and if it was ensured that he would have access to necessary medical care, so as not to be subjected to inhuman and degrading treatment.

The court found that neither the applicant's allegations nor the facts brought before the court could demonstrate a risk of treatment that would meet the particularly high threshold of severity. The court thus deemed that even though there was a deficiency in the provision of health care to returnees under the Dublin III Regulation and an unsatisfactory access to accommodation, the Italian reception system could not be regarded as containing systemic flaws. Nor could the conclusion be drawn that the applicant would be subjected to degrading or inhuman treatment if returned to Italy. The Supreme Administrative Court therefore repealed the lower court judgment and ruled that the decision of the Immigration and Borders Service (SEF) to transfer the applicant to Italy had been correct.