German Ministry of Interior temporarily suspends transfers to Italy for all families with children

Monday, December 8, 2014

The German Ministry of Interior has provided information on the consequences of the Tarakhel v Switzerland judgment for German transfers to Italy under the Dublin Regulation. In response to the Court’s judgment which obliges Switzerland to request individual guarantees from Italy with regards to accommodation and family unity, the Ministry has declared that the Federal Office for Refugees and Migration will examine, in consultation with the Federal States of Germany, how transfers of families with small children could be carried out so that the requirements in Tarakhel are complied with. At present there is a case by case examination.

In light of the Tarakhel decision there is a temporary suspension of all transfers to Italy for families with minor children until individual assurances are provided by the Italian authorities ensuring that Italy is complying with the requirements laid down in the Tarakhel decision. Furthermore, the Ministry highlighted that the current accommodation situation in Italy requires further investigation in cooperation with other countries.

Additionally and finally the Ministry emphasized that even before the Tarakhel judgment, all decisions of transfers involving people with special needs, ie persons suffering from an illness, single mothers or unaccompanied minors required an individual assessment that their needs would be met upon return to another Dublin state.

The ELENA Weekly Legal Update would like to thank Klaus Walliczek for providing us with this information.

Based on an unofficial ELENA translation

5 December 2014                                      

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.      

Best interest of the child
Child Specific Considerations
Dublin Transfer