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12/07/2023
SI: The Supreme Court dismissed an appeal against a Dublin transfer to Croatia, after it considered and expressed its opinion on the asylum system in Croatia in relation to the treatment of applicants who are transferred under the Dublin III procedure.

ECLI
ECLI:SI:VSRS:2023:I.UP.201.2023
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); European Convention on Human Rights
Reference
Slovenia, Supreme Court [Vrhovno sodišče], Applicant v Ministry of the Interior, VS00068692, ECLI:SI:VSRS:2023:I.UP.201.2023, 12 July 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=3731
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 the applicant was to be handed over to Croatia, which was considered the responsible Member State for examining the application for international protection. The Administrative Court also rejected a request for a temporary injunction. 


The Administrative Court considered 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, and it had not be proven that the applicant will suffer inhumane treatment in Croatia.


The applicant filed an appeal before the Supreme Court, which dismissed the appeal as unfounded after considering and expressing its opinion regarding the asylum system in Croatia in relation to the treatment of applicants and their requests for international protection, who are returned under the Dublin III procedure. The Supreme Court found that there was no presumption of the existence of systemic deficiencies in relation to the asylum procedure and reception conditions that would prevent the transfer. The Supreme Court further rejected the temporary injunction as the request for a temporary injunction could no longer be granted owing to the final administrative decision.


Country of Decision
Slovenia
Court Name
SI: Supreme Court [Vrhovno sodišče]
Case Number
VS00068692
Date of Decision
12/07/2023
Country of Origin
Unknown
Keywords
Access to procedures
Dublin procedure
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment
Source
Sodna Praksa