Portugal: Administrative Litigation Section of the Central Administrative Court, 22/08/2019, proc. nº 1982/18.1BELSB

The Court established that once an application for protection is submitted, the respective Member State must determine which State is responsible for examining such a request. If another Member State is responsible for examining the application, it is necessary to assess the possibility of proceeding with the transfer. If there are valid reasons to believe that, in that other State, there are systemic failures in the asylum procedure and conditions of reception, which entail the risk of inhuman and degrading treatment, the transfer should not proceed.

The applicant was ill with a chronic disease, which required the maintenance of a treatment already started in Portugal. Therefore, the Court considered him a vulnerable person.

The Court considered a series of information conveyed by reports, studies, and news, coming from official websites, humanitarian organizations (including ECRE), and the media, which report limitations and failures in treating vulnerable and sick people in Italy. Thus, the Court interpreted the decision as not weighing the applicant's fragile situation, not preceded by information about possible risk conditions existing in Italy, and not weighing the safeguard clause included in Article 3 of Regulation (Reg.) No. 604/2013.

Therefore, Portugal should admit, process, and appreciate the applicant’s claim for international protection.