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23/08/2023
SI: The Supreme Court dismissed the applicant's appeal against a decision on a Dublin transfer to Croatia and ruled that the argument that Croatia has systemic deficiencies in its asylum system was unfounded.

ECLI
ECLI:SI:VSRS:2023:I.UP.221.2023
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); EU Charter of Fundamental Rights
Reference
Slovenia, Supreme Court [Vrhovno sodišče], Applicant v Ministry of the Interior, VS00069440, ECLI:SI:VSRS:2023:I.UP.221.2023, 23 August 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=3698
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, as under the Dublin III Regulation, Croatia was considered the Member State responsible for the examination of the application. The Administrative Court also rejected a request for a temporary injunction. 


The Administrative Court concluded that there were no barriers to the applicant's transfer because neither the asylum procedure nor the reception conditions would put the applicant in danger of being subject to inhuman or degrading treatment as defined by Article 4 of the EU Charter. Regarding the temporary injunction, the court determined that the applicant had not shown harm that would be challenging to repair because it had already been determined during the course of evaluating the claim that the allegations of systemic flaws in Croatia's asylum system were unfounded.


The applicant challenged the decision on the grounds that the alleged activities of the Croatian police at the Croatian-Bosnian border and at the Croatian police station precluded his return to Croatia in accordance with Article 3 of the Dublin III Regulation. Additionally, the applicant described violent behaviour at the hands of the police in connection with his illegal entry into Croatia.


The Supreme Court dismissed the applicant’s appeal on the grounds that there were no systemic deficiencies in Croatia's asylum system. The Supreme Court ruled that the Administrative Court consistently evaluated the factual situation and correctly concluded that there were no systemic shortcomings, based on the applicant's claims about the improper conduct of the Croatian police, reports provided by non-governmental organisations, various articles and opinions, and court decisions of lower courts of other countries.


Country of Decision
Slovenia
Court Name
SI: Supreme Court [Vrhovno sodišče]
Case Number
VS00069440
Date of Decision
23/08/2023
Country of Origin
Unknown
Keywords
Access to procedures
Dublin procedure
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment
Source
Sodna Praksa