France: Administrative Tribunal of Nantes annuls Dublin transfer to Italy

Friday, July 24, 2015

The Administrative Tribunal of Nantes has annulled a decision by the Prefecture of Loire-Atlantique to transfer a single, Congolese man to Italy under the Dublin III Regulation.
The Court found that the Prefecture had not sufficiently examined the applicant’s personal circumstances, and that there were uncertainties as to the material reception conditions for asylum seekers in Italy which led to a risk of Article 3 violation upon transfer. The evidence it relied on in support of transfer was general, circumstantial and did not take into account the recent deterioration in the situation for asylum seekers in Italy caused by an increase in numbers
In addition, as the applicant suffered from Hepatitis B, it stated that France should have requested assurances that Italy would receive him in a manner adapted to his circumstances. Italy had not explicitly accepted the applicant and the Court found that there was a serious risk that his asylum application would not be processed by the Italian authorities in a manner consistent with respect for his fundamental human rights and the right to asylum.
The Court ordered the decision to be annulled, an injunction against transfer and that the Prefecture re-examine the case within a month.

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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Dublin Transfer
Inhuman or degrading treatment or punishment
Material reception conditions
Personal circumstances of applicant