The case concerned a Pakistani national that the Ministry of the Interior decided to transfer to Slovenia, considered the responsible Member State to examine the asylum application. The applicant appealed the decision.

The court referenced an update from an Asylum Country Report which stated that a high number of asylum seekers in Slovenia were detained, and that the detention conditions have worsened to the point that some asylum seekers were detained in containers, with limited privacy, inadequate temperatures, low hygiene standards and no outdoor activities, thus not in line with the recast Reception Conditions Directive (Directive 2013/33/EU). Furthermore, the report stated that the inaccessibility to outdoor activities have constituted violations of the EU Charter’s prohibition on torture and inhuman or degrading treatment.

The court therefore considered that the transfer of the applicant to Slovenia would be contrary to Article 3(2) of the Dublin III Regulation and Article 4 of the Charter of Fundamental Rights of the European Union, since there was no guarantee with certainty or, in any event, beyond reasonable doubt, that the applicant would be treated with respect for their fundamental rights in Slovenia. The court thus decided to annul the transfer and declare Italy to be the responsible state under the Dublin III Regulation.

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