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19/10/2023
DE: The Regional Administrative Court of Sigmaringen rejected an interim measure against a transfer decision to Italy and interpreted the Italian declarations of 5 and 7 December 2022 in view of the principle of mutual trust

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Interim Measures
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 ; European Convention on Human Rights
Reference
Germany, Regional Administrative Court [Verwaltungsgericht], Applicant v Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge‚ BAMF), No A 6 K 2115/23, 19 October 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=4090
Case history
Other information
Abstract

The case concerned a request for interim measure lodged by a Cameroonian applicant before the Regional Administrative Court of Sigmaringen against a transfer decision to Italy following a negative decision on a Dublin transfer issued by the BAMF on 1 August 2023.


Referring to a number of recent court decisions, the Regional Administrative Court of Sigmaringen decided that, for a healthy applicant who is fit for work, it could not be assumed that Italy's asylum system has systemic deficiencies within the meaning of Article 3(2) Dublin III Regulation which resulted in the risk of a violation of Article 3 of the ECHR and Article 4 of the EU Charter. According to recent country information on the situation in Italy, the court found that the situation for applicants subject of a Dublin procedure had not deteriorated significantly.


Pointing out numerous similar decisions by Regional Administrative Courts and the Higher Administrative Court of Lower Saxony, the court further held that also in view of the ongoing refusal to readmit applicants in Italy under the Dublin III Regulation based on the declarations of 5 and 7 December 2022 (Circular Letters of the Ministero dell'Interno), the applicant was also not entitled to a national deportation ban.


According to the court’s considerations, the statements by the Italian Ministry of the Interior were made against the background of a significant increase in the number of asylum applicants arriving in Italy since the summer of 2022, so that in view of the principle of mutual trust, the stated temporality of the suspension due to an overload of the reception system was credible. The court further argued that since the number of arrivals in Italy was also increasing in 2023, it was not surprising that the refusal had not yet been removed. Referring again to the principle of of mutual trust, the court held that it was likely that the applicant could be transferred to Italy within the transfer period pursuant to Article 29(2) of the Dublin III Regulation.


Based on the above, the Regional Administrative Court of Sigmaringen rejected the interim measure and ruled that Germany was not responsible for carrying out the asylum procedure.


Country of Decision
Germany
Court Name
DE: Regional Administrative Court [Verwaltungsgericht]
Case Number
No A 6 K 2115/23
Date of Decision
19/10/2023
Country of Origin
Cameroon
Keywords
Dublin procedure
Reception/Accommodation
RETURN