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Luxembourg
Country of Decision : Luxembourg
Court Name : LU: Administrative Tribunal [Tribunal administratif]
Date of decision : 22/09/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : 44804

Applicant v Minister of Immigration and Asylum (Ministre de l'Immigration et de l'Asile)

LU: The Administrative Tribunal ruled on Dublin transfer to Italy and found no violation of Article 3 ECHR or 4 EU Charter given the improved situation in Italy.

The case concerns a Dublin transfer to Italy during the COVID-19 pandemic and whether that would entail a violation of Article 3 ECHR and Article 4 of the EU Charter.

Challenging the transfer, the applicant invoked (i) difficulties for the applicants for protection people transferred to Italy to access the minimum reception conditions and the risk of inhuman and degrading treatment, (ii) the health crisis linked to COVID-19, which would have the effect, in particular, of delaying the substantive examination of asylum applications subject to a transfer decision, and (iii) his state of health, which remained to be clarified. 

The court held that it has not been established in this case that the health situation in Italy would be so serious that a transfer to that country would entail a risk of violation of Article 3 of the ECHR or 4 of the EU Charter. The applicant did not provide any evidence which would call into question the explanations provided by the delegate of government, supporting international sources, according to which the health situation in Italy has improved significantly since March 2020 and was characterized by a very considerable drop in the number of new infections with the SARS CoV-2 virus, unlike the situation that prevailed in Luxembourg at the time.

With regard to the medical condition the court held that the applicant did not present evidence to prove the gravity of his condition and there was no indication that in Italy there would not be adequate medical treatment.

COVID-19/Emergency measures; Dublin procedure; Medical condition;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP);

EASO Courts and Tribunals Network

Luxembourg, Administrative Tribunal [Tribunal administratif], Applicant v Minister of Immigration and Asylum (Ministre de l'Immigration et de l'Asile), 44804, 22 September 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1207