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Czech Republic / Supreme Administrative Court / 5 Azs 229/2016 - 37

O.O. v the Ministry of Interior

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Type:
Decision
Decision date:
12/01/2017

Key facts of the case: 

The plaintiff was an asylum-seeker whose application for asylum in the Czech Republic had been considered inadmissible, since the state responsible, according to Article 3 of the Dublin Regulation, was Italy. The plaintiff filed a suit against the decision, but he did not succeed with the Regional Court in Hradec Králové. Then the plaintiff appealed the judgment claiming that the lower court did not adhere to Article 3, Paragraph 2 of the Dublin Regulation; the plaintiff’s transfer to Italy was not possible due to systematic flaws in the asylum procedure and in the reception conditions for applicants. The Supreme Administrative Court cancelled the decision because the Ministry of the Interior had not gathered enough evidence that the Italian asylum system does not exhibit systematic flaws, and as a result the plaintiff’s transfer could represent a breach of Article 4 of the Charter and Article 3 of the ECHR.

Outcome of the case: 

According to the court, the Ministry of the Interior must prove in the process of the Dublin transfer procedure that there are no systematic flaws in a country’s asylum procedure and reception conditions. Information on that matter must be part of the file on administrative procedure, so the asylum-seeker can be acquainted with the information and challenge it.