X. (Guinea) v State Secretariat for Migration (Staatssekretariat für Migration – SEM)
CH: FAC ruled that a medical condition that requires soft medication and regular check-ups does not prevent Dublin transfer to Spain
X., a Guinea national, applied for asylum on 10 August 2020 and a comparison with EURODAC revealed that the applicant entered illegally in Spain in November 2019 and applied for asylum in France in February 2020. During the Dublin interview, the applicant mentioned that he did not apply for asylum in Spain because due to linguistic and cultural reactions from locals against migrants, he could not integrate there and moreover, he had health issues, namely mental health problems and sleep disorders that prevents his transfer to Spain. In France, he received adequate medical treatment for his issues.
On 21 August 2020, the State Secretariat for Migration (SEM) made a take back request, accepted by Spanish authorities on 25 August 2020. In the following weeks, the applicant received out-patient medical and psychiatric treatment. On 28 October 2020, the order for transfer was issued by a lower court, without deciding on the asylum application, and he contested the decision, requesting the reassessment of his asylum application and the immediate suspension of the transfer. Suspensive effect was granted, and the applicant submitted recent medical reports on psychiatric consultations.
The Federal Administrative Court (FAC) dismissed the appeal and considered the SEM decision correct on the Dublin transfer to Spain. The FAC stated that Spain complies with all obligations under internal human rights law and a transfer to Spain would not put the applicant at risk of ill-treatment or degrading and inhuman treatment within the meaning of Article 3 of ECHR.
The FAC held that the applicant's health condition does not prevent a transfer and all documents submitted show that for the treatment of diagnosed lumbar pain, anxiety and sleep disorders, such as post-traumatic stress disorder or moderate depressive episode, he was prescribed soft medication and regular check-ups. There was no indication in his file to suggest severe medical condition and the FAC concluded that medical treatment can be provided in Spain. There was no indication that Spain would deny the applicant adequate medical treatment. Additionally, it was noted that Swiss authorities took into consideration his health condition for the transfer arrangement and informed the Spanish authorities of all specific medical requirements. Based on these circumstances, the FAC considered that there is no reason to apply the discretionary clause provided by Article 17 of the Dublin Regulation.
Dublin procedure; Medical condition; Torture or inhuman or degrading treatment or punishment ;
Federal Administrative Court website
Switzerland, Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC], X. (Guinea) v State Secretariat for Migration (Staatssekretariat für Migration – SEM), F-5575/2020, 16 November 2020. Link redirects to the English summary in the EASO Case Law Database.