Luxembourg: Inadmissibility decision for an applicant who had been granted subsidiary protection status in Greece is overturned

Wednesday, November 6, 2019

The Administrative Tribunal of Luxembourg (the Tribunal) recently annulled a decision of inadmissibility for an applicant who was granted subsidiary protection in Greece due to his concerns about access to adequate standards of treatment.

The applicant, an Iraqi national who had previously applied for international protection in Greece in 2017 suffers from spinal cord injuries following a gunshot wound in 2016. Upon arrival in Luxembourg, the Minister of Immigration and Asylum declared the application inadmissible on the grounds that protection had been granted by another EU Member State. The applicant alleged that he did not have access to adequate care in Greece and that, due to this situation, had fled to Luxembourg to access essential treatment.

The Tribunal first reiterated the general and absolute nature of Article 4 of the Charter of Fundamental Rights of the European Union and that admissibility decisions must assess failures. Indeed, it referred to jurisprudence of the Court of Justice of the European Union (C-163/17), where it was held that such failures are contrary to the prohibition of ill-treatment. This threshold is reached where the indifference of domestic authorities would result in an applicant who is wholly dependent on public aid and when deprived of this basic need would be placed in situation incompatible with human dignity. 

In the present case, the Tribunal concluded that there was no evidence that the Minister of Immigration had thoroughly examined whether the applicant would have access to the necessary healthcare in Greece that would expose his to circumstances contrary to Article 4 of the Charter and Article 3 ECHR. It therefore concluded that the decision of inadmissibility and order to leave the territory must be annulled.

Based on an unofficial translation by the EWLU. Many thanks to Ambre Schulz, project manager at Passerell, for bringing this case to our attention.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. 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 pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

Health (right to)
Inhuman or degrading treatment or punishment