France: Administrative Tribunal of Nantes annuls Dublin transfer to Italy

Date: 
Friday, July 24, 2015

The Administrative Tribunal of Nantes has annulled a decision by the Prefecture of Loire-Atlantique to transfer a single, Congolese man to Italy under the Dublin III Regulation.
 
The Court found that the Prefecture had not sufficiently examined the applicant’s personal circumstances, and that there were uncertainties as to the material reception conditions for asylum seekers in Italy which led to a risk of Article 3 violation upon transfer. The evidence it relied on in support of transfer was general, circumstantial and did not take into account the recent deterioration in the situation for asylum seekers in Italy caused by an increase in numbers
 
In addition, as the applicant suffered from Hepatitis B, it stated that France should have requested assurances that Italy would receive him in a manner adapted to his circumstances. Italy had not explicitly accepted the applicant and the Court found that there was a serious risk that his asylum application would not be processed by the Italian authorities in a manner consistent with respect for his fundamental human rights and the right to asylum.
 
The Court ordered the decision to be annulled, an injunction against transfer and that the Prefecture re-examine the case within a month.

Based on an unofficial ELENA translation. The ELENA Weekly Legal Update would like to thank Emmanuelle Néraudau for providing us with this judgment.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

                                                     

 

Keywords: 
Dublin Transfer
Inhuman or degrading treatment or punishment
Material reception conditions
Personal circumstances of applicant