Luxembourg – Administrative Tribunal stops Dublin transfer of asylum seeker to Italy, due to country’s systemic deficiencies

Tuesday, July 10, 2018

On July 10, the Administrative Tribunal of Luxembourg ruled in case 41401/18 concerning a Guinean asylum seeker, who arrived to Luxembourg through Italy. A few months after applying for asylum, he was informed that he would be transferred to Italy, due to his fingerprints being first registered there.

The applicant lodged an application to annul the decision, while being under house arrest in view of his transfer to Italy. He argued that Italy’s systemic deficiencies and lack of adequate reception cannot ensure the respect of his fundamental rights and that a transfer to the country would amount to a real risk of inhuman or degrading treatment. Responding to the Government’s objections, the Court reiterated that whilst mutual trust is still applicable to Member States, it is still a rebuttable presumption and individual assessment should be considered in line with the CJEU’s reasoning in case C-578/2016.

It then went on to examine relevant country evidence regarding the current situation of asylum seekers in the country, including ECRE’s recent AIDA report on Italy, finding that Italy’s asylum procedures and reception framework indeed present a number of systemic flaws. It also noted that such flaws are further exacerbated by the country’s current political instability. Upon dismissal of the Government’s objection that the applicant’s submissions were too general, the Court concluded that there is sufficient evidence to argue that asylum procedures and reception conditions in Italy are inadequate, noting that Italian authorities cannot ensure access to healthcare and proper living conditions, creating a possible risk of inhuman and degrading treatment.

Based on an unofficial translation by the ELENA Weekly Legal Update. Many thanks to Cassie Adelaide (Passerell a.s.b.l.), for bringing this case to our attention.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. 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.



Dublin Transfer
Effective access to procedures
Individual assessment
Inhuman or degrading treatment or punishment
Reception conditions