Abstract
On November 2018, the Supreme Court of Madrid ruled that the Spanish authorities had to ensure the access to a reception centers to an international protection applicant who previously abandon the assigned center to travel to the Netherlands.
The Ministry of Labour and Social Security had withdrawn access to the reception system based on the ground that the applicant lost his right to stay there when left his previous center without previous communication.
According to the Spanish Constitution, the European Convention of Human Rights and the EU Charter of Fundamental rights, the re-admission must be ensure based on the right to physical and moral integrity and the right of defense, specially in this case where the applicant is in a situation of special vulnerability due to his medical condition.
Country of Decision
Spain
Court Name
ES: High Court of Justice [Tribunal Superior de Justicia]
Case Number
STSJ M 12520/2018
Resolution: 913/2018
Date of Decision
22/11/2018
Keywords
Dublin procedure
Medical condition
Reception/Accommodation
Vulnerable Group