Germany - Administrative Court Minden, 29. March 2016, 10 L 314/16.A

Country of Decision:
Country of Applicant:
Date of Decision:
29-03-2016
Court Name:
Administrative Court Minden
Keywords:
National / Other Legislative Provisions:
Germany - Asylum Act - Art.34a
Germany - Asylum Act - Art.36(1) 4
Germany - Asylum Act - Art. 83b
Germany - Residence Act - Art. 11
Germany - Code of Administrative Court Procedure - Art 80(5)
Germany - Code of Administrative Court Procedure - Art. 88
Germany - Code of Administrative Court Procedure - Art. 122
Germany - Code of Administrative Court Procedure - Art. 113(1)
Germany - Code of Administrative Court Procedure - Art 154(1)
Germany - Code of Administrative Court Procedure - Art. 166
Germany - Code of Civil Procedure - 114
Germany - Code of Civil Procedure - 121(2)
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Headnote: 

The Administrative Court Minden has temporarily prohibited the Dublin transfer of a Nigerian refugee to Italy due to systematic deficiencies within the local reception conditions.

Facts: 

The applicant lodged an application for asylum in Germany.

By decision of 10 February 2016, the Federal  Agency of Migration and Refugees dismissed the asylum application of the applicant as inadmissible and ordered his deportation to Italy .

The applicant appealed against this decision, referring to the systemic deficiencies in the Italian asylum procedure.

Decision & Reasoning: 

The Administrative Court decides that there is reliable evidence that once the applicant is transferred to Italy he will most probably be exposed to inhuman or degrading treatment within the meaning of article 4 CFREU.

Dublin returnees, whose asylum procedure has not yet been completed by a legally enforceable decision in Italy, are threatened- at least until the re-opening of the asylum procedure and therefore for an unpredictable period of time - with considerable likelihood that they will become homelessness and along with this risk not having access to basic benefits in order to secure a livelihood, especially the right to food.

An individual assurance by the Italian authorities, according to which, in case of a transfer to the Republic of Italy, he would receive proper accomodation cannot be inferred from the administrative procedure. 

Outcome: 

Application granted.

Observations/Comments: 
This case summary was written by Ana-Maria Bucataru, an LLM student in Immigration Law at Queen Mary University, London.
 
The summary was proof read by Ann-Christin Bölter, LLM student in Immigration Law at Queen Mary University, London.
 
Case Law Cited: 

Germany - Administrative Court Trier, 18 September 2013, 5 L 1234/13.TR

Germany - Administrative Court Darmstadt, 09.05.2014 – 4 L 491/14.DA.A

Germany - Administrative Court Minden, Judgement from 15 February 2016 - 10 K 376/15