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Italy
Country of Decision : Italy
Court Name : IT: Civil Court [Tribunali]
Date of decision : 14/07/2021
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : RG 23165/2020

Applicant v Dublin Unit of the Ministry of Interior (Unita di Dublino, Ministero dell'Interno)

Afghanistan

IT: The Tribunal of Turin annulled a Dublin transfer to Bulgaria due to a well-founded risk of inhuman or degrading treatment.

The case concerned an applicant from Afghanistan who applied for international protection in Italy. Upon registration, it was verified in the Eurodac database that the applicant had previously requested international protection in Bulgaria. The request to take charge of the application under the Dublin regulation was accepted by Bulgaria, and the transfer was notified to the applicant. An appeal against this decision was submitted on grounds that the applicant would be subject to inhumane and degrading treatment upon his return to Bulgaria and that, as he would be returned from Bulgaria to Afghanistan, this would be a violation of the non-refoulement principle.

The Tribunal of Turin considered a number of reports, including by Amnesty International, ECRE and the Bulgarian Helsinki Committee, which highlighted the lack of adequateness of the asylum system and the related services in Bulgaria, in particular with regards to the support for unaccompanied minors, the identification of vulnerabilities, the provision of legal aid, and the poor detention procedures. Additionally, reports continue on the pushbacks of migrants arriving at the borders with Turkey, and on low recognition rates for many nationalities, including for Afghans nationals. Reception facilities are also in poor conditions and under the minimum standards required, and the opportunities for the integration of refugees are lacking. Taking into account the reports, the Tribunal ruled that the conditions of the asylum and reception system in Bulgaria are not such to guarantee that the applicant would not be subject to degrading and inhumane treatment and held that Italy should be responsible for the assessment of the application for international protection in this case.

Dublin procedure; Non-refoulement; 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);

EASO IDS

Italy, Civil Court [Tribunali], Applicant v Dublin Unit of the Ministry of Interior (Unita di Dublino, Ministero dell'Interno), RG 23165/2020, 14 July 2021. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2048

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