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Slovenia / Administrative Court / I U 166/2017

Appeal by an Afghani national of a decision of the Ministry of Interior

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Administrative Court of the Republic of Slovenia
Decision date:

Key facts of the case:

The appellant is an Afghani national, who is seeking international protection in Slovenia. He entered the EU in Bulgaria, where he applied for international protection, but then fled the country due to what he describes as insufferable conditions in the admission centres. He then arrived to Slovenia and filed for international protection.The Ministry of Interior (the defendant) conducted a formal proceeding to determine whether the appellant should be returned to Bulgaria. Besides other claims, and references to foreign court judgments, the appellant offered several news reports as evidence of unsuitable conditions in Bulgarian centres. The Ministry of Interior did not research these claims, but rather dismissed the presented evidence referencing Bulgarian statutory law and stating, that the conditions described in the articles were due to massive migrations at the time of reporting (end of 2015). The Ministry of Interior decided that the appellant should be returned to Bulgaria. The appeallant appealed this decision and filed a suit at the Administrative Court (Upravno sodišče).

With regard to the applicable legislation, there are several national and European sources beyond the Charter and the Constitution, as well as several case law referenced in the decision: International Protection Act (Zakon o mednarodni zaščiti), General Administrative Procedure Act (Zakon o splošnem upravnem postopku), Regulation (EU) no 604/2013 of the European Parliament and of the Council, establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), 26 June 2013.

Outcome of the case: 

The Administrative court quashed the decision of the Ministry of Interior and returned the case to the Ministry of Interior for a renewed proceeding and a new decision.