Germany: The Administrative Court of Stuttgart rules against Dublin return to Italy, 12/07/2012

Friday, October 4, 2013

The Administrative Court of Stuttgart by order of July 02 2012 responding to an urgent request of the applicant family (applicant), ruled that the Federal Republic of Germany must ensure that the applicant is not returned to Italy based on the Dublin Regulation because, due to the systemic deficiencies of the asylum procedures and reception conditions in Italy, the risk of inhuman or degrading treatment is imminent. Thus, the German state undertakes to continue the asylum procedure for the applicant in Germany.

In this case, a stateless Palestinian couple from Syria and their three (minor) children fought against a return to Germany from Italy. They had left Syria in April 2011 and initially came to Italy via Greece, without having applied for asylum there. They managed to come to Germany, where they launched an application for asylum immediately. The applicants were then informed that they would be transferred to Italy pursuant to the Dublin II Regulation.  The applicant family subsequently challenged this transfer.

This decision  is not the final ruling in the asylum case , but a preliminary decision , denying the right for the Federal Office of Migration and Asylum to  transfer the applicants  to Italy and at the same time obliging the Federal Office to make use of Art. 3 Abs. 2 S.1 Dublin II ("Selbsteintrittsrecht").

For the full text of the judgment (only available in German) please visit:DeJure.Org: Rechtsprechung: VG Stuttgart, 02.07.2012 - A 7 K 1877/12   

For relevant articles on the case please visit: Spiegel Online: Richter stoppen Rückführung Asylsuchender nach Italien, Deutsche Welle: German Court Halts Refugee Deportation.

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.



Inhuman or degrading treatment or punishment
Procedural guarantees
Reception conditions