Skip Ribbon Commands
Skip to main content
15/05/2018
ECtHR's inadmissibility decision in a case concerned the Dublin transfer from Switzerland to Italy.

ECLI
ECLI:CE:ECHR:2018:0515DEC006798116
Input Provided By
EUAA IDS
Source
HUDOC
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
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
Council of Europe, European Court of Human Rights [ECtHR], H and others (Central African Republic) v Switzerland, Application no 67981/16, ECLI:CE:ECHR:2018:0515DEC006798116, 15 May 2018. 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=628
Case history
Related cases:
Abstract
On 7 June 2018, the ECtHR declared the case H and others v. Switzerland (application no. 67981/16) inadmissible. The case concerned the Dublin transfer of a family from Switzerland to Italy. The four members of the family from the Central African Republic, of which the mother and a new born were under HIV-related medical treatment in Switzerland, appealed against the decision and the Federal Administrative Court rejected the applicants’ appeal on the grounds that Italy had provided assurances that the applicants would be placed in one of the family units in a SPRAR reception centre, that the mother’s health was sufficiently stable and the new born no longer required antiviral medication. The ECtHR found that there were no indications that the Italian authorities would fail to honour their assurance and that they had confirmed the availability of the necessary medical treatment. The Court took notice of a report by the Swiss and Danish Refugee Councils, but highlighted that the six cases reported (in which the assurances by Italian authorities were not complied with in practice) could not suggest that their assurances were per se unreliable
Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
Application no 67981/16
Date of Decision
15/05/2018
Country of Origin
Central African Republic
Keywords
Dublin procedure
Medical condition
Minor
Vulnerable Group