EDAL case summaries
Country of Decision: Italy
Country of Applicant: Unknown
Keywords: Dublin Transfer, Reception conditions, Request to take back, Responsibility for examining application
The asylum applicant cannot be transferred to Bulgaria because he would face a real risk of being subjected to inhuman or degrading treatment pursuant to Article 4 of the EU Charter of Fundamental Rights.
Date: 27-09-2016
Country of Decision: Italy
Country of Applicant: Unknown
Keywords: Dublin Transfer, Reception conditions, Responsibility for examining application
It is unlawful to transfer an asylum applicant under the Dublin Regulation to a country, in this case Bulgaria, where the reception conditions conflict with Article 4 of the EU Charter of Fundamental Rights.
Date: 07-07-2016
Country of Decision: Italy
Country of Applicant: Pakistan
Keywords: Dublin Transfer, Effective access to procedures, Personal interview, Procedural guarantees, Responsibility for examining application
The procedural guarantee in Art. 4 of the Dublin Regulation (EU) No 604/2013 is mandatory. The guarantee concerns the asylum seekers right to information when they present an application for international protection.
This safeguard is not respected solely because the applicant has undergone a personal interview, he needs to be given the “Common Leaflet”. This aims at guaranteeing that the information has been delivered in a proper way and in a clear and objective manner.
Date: 07-05-2015
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