Netherlands: No Dublin transfer of asylum seeker with mental health issues, in application of CK and Others

Tuesday, April 11, 2017

On 11 April 2017, the Dutch Court of The Hague has annulled the decision by the IND (the Immigration and Naturalisation Service) to transfer an Armenian asylum seeker to the Czech Republic. The IND wanted to transfer the woman to the Czech Republic in application of the Dublin Regulation, since the Czech Republic had issued her a visa. The applicant argued that due to systemic deficiencies in the asylum procedure and in the reception system in the Czech Republic, the transfer would violate Article 3 ECHR and Article 4 of the EU Charter. Moreover, she argued that there were serious medical objections against the Dublin transfer, based on psychological grounds.

The Court of The Hague rules that, if the IND finds another country responsible under the Dublin Regulation for assessing the international protection of a seriously ill applicant, it should ensure  sufficient guarantees that the transfer will not deteriorate the health of the applicant are in place, in accordance with the recent ruling by the CJEU in case C.K. and Others v. Supreme Court of Republic Slovenia. This condition has not been met in the case of the applicant, who has psychological disorders, and who is at great risk of committing suicide when her treatment would be stopped. The applicant was a victim of forced prostitution in Czech Republic, and is now residing in a rehabilitation center for traumatized persons in the Netherlands. The consequences of relocation of the applicant to the place and situation where she had been traumatized, namely the Czech Republic, would have disastrous implications on her mental health.

Based on an unofficial translation by the ELENA Weekly Legal Update.

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.



Dublin Transfer
Health (right to)
Inhuman or degrading treatment or punishment