Skip Ribbon Commands
Skip to main content
23/08/2023
SI: The Supreme Court dismissed an appeal against a decision on a Dublin transfer to Croatia, as the applicant had acquired the status of an applicant for international protection in Croatia, and Croatia was deemed responsible for processing the application.

ECLI
ECLI:SI:VSRS:2023:I.UP.173.2023
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
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); Eurodac Regulation (Regulation (EU) No 603/2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 and on requests for the comparison with Eurodac data by Member States'; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Slovenia, Supreme Court [Vrhovno sodišče], Applicant v Ministry of the Interior, VS00069525, ECLI:SI:VSRS:2023:I.UP.173.2023, 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=3699
Case history
Other information
Abstract

The applicant applied for international protection in Slovenia. The Ministry of the Interior rejected the applicant’s request for international protection and deemed Croatia as the responsible Member State for processing the application. The applicant filed an appeal against the decision before the Administrative Court, who rejected the appeal, but granted the applicant's request for a temporary injunction, so that the decision was postponed until the final outcome of the administrative dispute.


The Administrative Court ruled that Croatia had accepted the request to readmit the applicant as an applicant under Article 18(1) of the Dublin III Regulation, with the justification that the applicant had left Croatia before the actual submission of the request, and based on fingerprints from the Eurodac database, the applicant had already been entered into the records as an applicant for international protection in Croatia. The court determined that the applicant had made clear his desire to apply for international protection, and as a result, Croatia was deemed to be responsible under Article 20(5) of the Dublin III Regulation. The applicant further did not say anything that would indicate that he had a negative encounter with the Croatian police or did not demonstrate the existence of systemic deficiencies in the asylum procedure in Croatia.


The applicant filed an appeal against the decision before the Supreme Court on the grounds that substantive law had been applied improperly and the facts had been incorrectly established. The applicant argued that it could not be determined that he had declared his intention to seek international protection in Croatia.


The Supreme Court clarified, however, that it follows from CJEU case law that a citizen of a third country acquires the status of an applicant for international protection within the meaning of Article 2(c) of the recast Asylum Procedures Directive when he "submits" an application for international protection, and it suffices that he expresses his desire to apply for international protection to "another authority". It further added that in accordance with Article 6(1), second subparagraph of the Revised Asylum Procedures Directive, the Administrative Court correctly based its assessment of the legal basis for the applicant's surrender under the Dublin III Regulation on information from the Eurodac database and Croatia's response regarding the applicant's readmission under the Dublin procedure. The appeal was thus rejected as unfounded, and the contested judgment was upheld.


Country of Decision
Slovenia
Court Name
SI: Supreme Court [Vrhovno sodišče]
Case Number
VS00069525
Date of Decision
23/08/2023
Country of Origin
Unknown
Keywords
Dublin procedure
Torture or inhuman or degrading treatment or punishment
Source
Sodna Praksa