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Country of Decision : Switzerland
Court Name : CH: Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC]
Date of decision : 11/02/2020
Type : Judgment
Case Number/Citation/ Document Symbol : F-7195/2018

A (Sri Lanka) v State Secretariat for Migration (Staatssekretariat für Migration – SEM)

Sri Lanka

CH: FAC ruled that there are no systemic flaws in the asylum procedure and reception conditions in Bulgaria but a case by case analysis must be conducted with respect to Dublin transfers

The applicant is a Sri Lankan national who first applied for asylum in Bulgaria and later moved to Switzerland where he also applied for asylum. After the SEM rendered a transfer decision to Bulgaria, the applicant requested the re-examination of his case based on his health condition. He underlined that he suffered from a post-traumatic stress disorder and would face inhuman and degrading treatment in Bulgaria due to lack of adequate medical treatment. The SEM rejected the re-examination request and the applicant appealed this decision.

Based on various reports, FAC concluded that although the reception conditions in Bulgaria has shortcomings the situation is not severe enough as to suspend Dublin transfers and the analysis must be on a case by case basis. In the case of the applicant, FAC assessed that he presented a vulnerability due to his health condition and, also considered the asylum procedure in Bulgaria, the medical care and the reception conditions, to decide for the transfer to be suspended.

Assessment of Application; Dublin procedure; Medical condition; Reception/Accommodation; Torture or inhuman or degrading treatment or punishment ;

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);


Switzerland, Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC], A (Sri Lanka) v State Secretariat for Migration (Staatssekretariat für Migration – SEM), F-7195/2018, 11 February 2020. Link redirects to the English summary in the EASO Case Law Database.