Netherlands: Council of State quashed decision requiring individual guarantees before transferring vulnerable persons to Italy

Date: 
Thursday, May 11, 2017

On 11 May 2017, the Dutch Council of State ruled on a case concerning a return to Italy under the Dublin procedure of victim of sexual abuse who was receiving appropriate psychological support in the Netherlands. The Court of Appeal had halted the transfer due to the vulnerability of the applicant and the lack of individual guarantees on the reception of vulnerable persons in Italy, as a result of the Tarakhel judgment.
 
However, the Council of State quashed this decision in favour of the State Secretary. It ruled that the applicant had not substantiated a risk of breach of Article 3 ECHR and that this could not be inferred from his previous experiences in Italy. Based on the principle of mutual trust, the Council of State ruled that it could be expected that the Italian authorities would warn the Dutch State Secretary if no adequate reception could be provided.



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
Reception conditions
Request to take back
Vulnerable person