France: Administrative Tribunal of Nantes annuls Dublin transfer to Italy

Date: 
Monday, December 28, 2015

This case relates to a challenge by a male asylum seeker from Guinea to the decision taken by the Prefecture of Loire-Atlantique to transfer him to Italy pursuant to the Dublin III Regulation.

The Tribunal found that there were procedural flaws in the decision as the applicant had not been given relevant information at the time he was fingerprinted as required by Article 29 of the Eurodac regulation (rights of the data subject) and Article 4 of the Dublin III Regulation (right to information) which constitute a fundamental safeguard for applicants.

It then considered Article 3(2) of the Dublin regulation reiterating its previous jurisprudence in relation to the examination of Dublin transfers to Italy (see e.g. Administrative Court of Nantes, 22 June 2015, No. 1505089). The Tribunal considered that the Prefecture had not adequately substantiated its argument that the Italian authorities would treat the applicant in accordance with the minimum standards set out EU law. The recent deterioration in reception conditions in Italy caused by an increase in arrivals could not be remedied in the short term by the increased EU support or the Council decision to relocate 120,000 from Italy and Greece. Therefore this would have no impact on the situation for the applicant who was due to be transferred within the next few days. In addition, there had been no response from Italy to the transfer request by France, which was deemed to be accepted implicitly, and as such there was no guarantee that he would be treated in a manner respecting his right to asylum and adequate reception conditions upon transfer.

The Tribunal ordered the decision to be annulled. As a consequence, a compulsory residence order that had been issued on the same day requiring the applicant to remain in the region for 45 days, which was linked to the Dublin transfer decision, was also annulled. The Prefecture was ordered to re-examine the situation and make a new decision within 2 months.

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


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Keywords: 
Dublin Transfer
Effective access to procedures
Material reception conditions
Procedural guarantees
Reception conditions